Gilleran

In a suit on a promissory note purporting to-have been made by the defendants, and set out at length in. the complaint, the defendant Anne Gilleran, who is the wife' of the other defendant, suffered default; and after an answer by her husband and a trial of the issues thus raised, judgment was entered against both for the amount of the note ($763.33) and costs. Afterwards she moved to set aside the judgment and default; and the motion being denied, she now appeals from the judgment and from the order. But in the absence of any reference in the brief of appellant’s counsel to the former appeal, it may be regarded as abandoned. We have therefore to consider the appeal from the order only.

Prom the affidavit of the appellant used on the motion, it appears, without substantial contradiction, that upon being served with summons, she intrusted her defense to her husband, who undertook to conduct it, but, acting in collusion with the plaintiff, and with malicious intent towards the appellant (to whom he had become hostile), designedly suffered her default to be taken; while she, relying upon him, gave no personal attention to the proceedings in the ease, and had no notice of them until…