#### JOHN F. SEYMOUR & CO. vs. S. COHEN et al.

Where a motion is made by a party to set aside a judgment, notice must be given to the adverse-party.

Motion to set aside a judgment, heard before Glarh, Jat Chambers.

No notice was given by the defendant, against whom the jndgment was rendered, to the plaintiff, of the motion to set aside and vacate the judgment. Ilis Honor ordered the judgment to be vacated and that defendant be permitted to plead. Prom this order plaintiff appealed.

Fair cloth, for plaintiffs.

Buftbee <& Busbee, for defendants.

Reade, J.

The only question necessary for us to consider, is, was notice to the adverse party, of the motion to vacate the judgment, necessary. Notice was necessary, and the order vacating the judgment without notice was erroneous.

Per Curiam. Judgment reversed.