No. 36—2306.

#### L. J. Hiltz v. O. M. Wells.

Judgment by confession was entered in the court below in favor of defendant in error and against plaint iff in error on a judgment note for $273.0 5. A motion was entered to set aside the judgment? and an affidavit in support of the motion was made by plaintiff in error. The court is unable to see from the facts set out in the affidavit that plaintiff in error has any valid defense to the note, and the motion to set aside the judgment was properly overruled.

Judge below, Bollin S. Williamson.

Attorneys, for plaintiff in error, Mr. GG. Bellows ;

for defendant in error, Mr. John B. Parker.

Opinion filed April 28, 1886.

Opinion Per Curiam.