Dorflinger v. Coil

2 Ohio 311

Opinion

By the Court :

The bill makes no case of either surprise or mistake, but only a case of negligence. Had the defendant attended the sitting of the court, and paid proper attention to his business, a judgment by default could not have passed against him. It is no sufficient apology for abandoning all attention to a suit in court, that counsel informed the party it could not be tried at the first term. However great the hardship, a court of equity never relieves in a case of this character.

The demurrer must be sustained, and the bill dismissed.

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Note by the Editor. — See note to case of Steel et al. v. Worthington, ii. 182.