Henry Prouse Cooper & Co. v. Findlay

1 How. Pr. (n.s.) 463

Opinion

Per Curiam.

Tbe discretion of tbe judge was properly' used. It would not bave been proper to have opened tbe default. Tbe statements as to tbe reason for tbe defendant not appearing are vague and indefinite, and tbe affidavit of merits was more than counterbalanced by tbe plaintiff’s affidavits. Tbe affidavit of merits would be true if tbe plaintiff bad made an insignificant error in bis demand.

Order affirmedj with ten dollars costs.