Motion to set aside a judgment, heard by his Honor, Judge Albertson, at Spring Term, 1874, of Chowan Superior Court.. The following are the facts as found by the Judge of the-Gourt below and sent up to this Court as part of the record. The case was first tried before his Honor, Judge Watts and a jury, at Spring Term, 1873, when the jury returned a verdict for the plaintiff, and the Court rendered a judgment in accordance therewith.
Decided 1875-01-05
Settle, J.
¶1
We think that his Honor had full power’, under sec. 133 of the Code of Civil Procedvre, to grant the order appealed from. And we further think, from the facts found by his Honor, that the ends of justice demanded the action which he took in the premises.
¶2
To maintain the position of the-plaintiff, would deprive the defendant of his right to move for a rule to show cause why a new trial should not be granted, when the facts show that he was in no default, but did all in his power to have his rule entered an-d argued.
¶3
We think his Honor has exercised a sound discretion in furtherance of justice.
