Ogden v. Osborn ( 1880 )

Spencer, J.

No default could legally have been entered until November 28, and no confirmation thereof until December 1. It would make no difference if the defendant’s domicil had been proved to be only six miles distance from the court house. It would lead to infinite confusion and wrong to allow a man to be condemned before the time designated in the process for his appearance.

Judgment reversed and case remanded.