Opinion
09-19-1807
Degraffenreid v. Donald & Co
OPINION
The complainant, in this case, claimed in his bill of injunction certain discounts against a judgment at law; stating that he had failed to defend the suit, (which otherwise he might have opposed successfully,) in consequence of his attorney's sickness, and his own absence from the commonwealth. The last mentioned allegations were neither admitted nor denied in the answer. On the final hearing he was relieved against part of the judgment; and a question then arose concerning the costs.
The Court decided that, since the plaintiff's defence was at law, and he had not made it there, he should pay the costs here.