Mader

This is an appeal from an order denying defendant’s motion to set aside his default and the judgment entered" thereon.

In the month of June, 1911, the plaintiff, through the alleged negligence of the defendant, suffered an injury necessitating the amputation of his left leg. About one year later he commenced an action against the defendant to recover damages therefor. At the trial of that action it appeared that plaintiff two days after the injury entered into a contract with the defendant whereby he released the defendant from all liability on account of said injury in consideration of the sum of sixty dollars, to be paid at the rate of five dollars a week, which agreement the court held to be binding, and accordingly directed the jury to return a verdict in favor of the defendant, which was done. An appeal was taken from the resulting judgment, pending which the defendant effected a compromise, of the action with the plaintiff, without the knowledge of the plaintiff’s attorneys, by the terms of which the defendant agreed to pay the sum of fifty-five dollars (being a balance due under the first agreement), and also the additional sum of five hundred dollars, and to procure…