Williams v. Brunton (8 Ill. 600, 1846)

The Opinion of the Court was delivered by

Koerner, J.

This was an action of ejectment, originally brought in the Adams Circuit Court, by the plaintiff against the defendant, Brunton. The declaration was served and filed on May 7th, 1845. The usual rule to plead was entered upon filing the declaration. Afterwards, on the 19th day of September, 1845,- a judgment was entered against the defendant, Brunton, by default, and a writ of possession was awarded. Afterwards, on the 25th day of April, 1846, O. H. Browning, as the attorney of the defendant, John P. King, filed his (said Browning’s) affidavit and thereupon entered his motion to set aside the aforesaid judgment, and to grant a nfew trial. The said affidavit as in the words and figures following, to wit; “O. H. Browning, being first duly sworn, depo'seth and saith, that he is one of the members of the firm of Browning & Bushnell; that said Browning & Bushnell were attorneys of John P. King to foreclose a mortgage executed to him by John M. Walker for