Jackson v. Vanhorn — 1 U.S. 241

Majority

p. 252

Jackson et al., Executors, v. Vanhorn.

Syllabus

Opening default.

Judgment opened, where defendant, by mistake of the attorney, had notice of trial on a wrong day.

Judgment had been entered by non sum informatus, in this cause, as the defendant did not appear on the day of trial. But Sergeant now moved

p. 253

to open the judgment, upon an affidavit that the defendant had' notice of tha trial for the 17th, instead of the 13th, and that there was a just and con-scionahle defence.

Lewis, for the plaintiff,

said, that he did not mean to contest the matter, but he wished it to be settled, whether the mistake of an attorney was, in such cases, sufficient to set aside a judgment.

On a mistake of this kind, evidently appearing, we cannot refuse the motion.