Action by Mariks against Hays to recover certain real estate. Judgment, by default, for plaintiff.

Motion to set aside the default overruled, and exception. The affidavit, on which the motion was based, is not set out in the bill of exceptions, and thereby made a part of the record; hence, we can not say that any error was committed, but must presume in favor of the ruling of the Court. The judgment is affirmed, with costs.