READ v. SIPPLE, 1 Del. Cas. 526 (1814)

Clayton’s Notebook, 43

READ v. SIPPLE.

Court of Common Pleas of Delaware.
December 3, 1814.

Replevin. Writ returnable to November Term, 1813, and judgment against the defendant the same term for want of an appearance.

Clayton today moved to make absolute a rule nisi for setting aside the judgment, which had been obtained upon an affidavit

Page 527

made by the defendant in which he swore that he had spoken to an attorney to conduct the cause for him, and supposed until the present term that the necessary steps had been taken to prepare the cause for trial; and that the distress was for rent which was still in arrear and unpaid.

PER CURIAM.

Let the judgment be set aside upon the terms of the defendant’s paying the costs of the judgment and of this application, and of going to trial peremptorily at the next term.

Brinckle for plaintiff.

Rule made absolute.