Jackson v. Vanhorn, 1 Dall. 241 (C. P. Phila. Cty. 1788)

Judgment had been entered by non sum Informatus in this cause, as the Defendant did not appear on the day of trial. But Sergeant now moved to open the judgment, upon an affidavit that the Defendant had notice of the trial for the 17th, instead of the 13th, and that there was a just and conscionable defence.

Lewis, for the Plaintiff, said, that he did not mean to contest the matter, but he wished it to be settled, whether the mistake or an Attorney, was, in such cases, sufficient to set aside a judgment.

By the Court. On a mistake of this kind, evidently appearing, we cannot refuse the motion.