Loeb v. Schmith , 1 Mont. 87 ( 1868 )

Warren, C. J.

This is an appeal from an order of the second judicial district court setting aside a judgment entered in vacation by default, against Henry Eppel or Apple, one of the defendants below, with leave to answer, upon payment of costs. The setting aside of the default rested in the discretion of the court below upon the facts disclosed in the affidavit, and we see no such abuse of that discretion as calls for the interposition of this court.

The order is affirmed and the cause remanded.

Exceptions overruled.

Knowles, J., concurred.