
    E. E. BRUNER vs. The Planters Bank.
    The plaintiff in error filed his bill in the chancery court for an injunction, and a nevv;trial of a judgment rendered against him at law as one of the firm of'Gilmore & Co., on a note executed by the firm, alleging that he was not one of-the firm, and did not execute the note. A plea was filed in the circuit'court for all the defendants, and which was afterwards withdrawn and judgment by default rendered. Held, that there is no showing of a sufficient excuse on the part of defendant for not defending at law, and it is too late to seek relief in equity for a wrong produced by his own negligence.
    On appeal from the superior court of chancery; Hon. Stephen Cooke, chancellor.
    The opinion of the court contains a sufficient statement of the facts of the case.
    
      D. W. Adams, for appellant.
    
      A. Paxton, ,on the same side.
    
      A. Burwell, for appellee.
   Per curiam.

The plaintiff in error filed his bill for an injunction and a new trial of a judgment at law, rendered against him in the circuit court of "Warren county, as a member of the firm of J. Gilmore & Co., on a note executed by the firm, upon the allegation that he was not a member of that firm, and did not execute the note. • The pleadings show, that he was regularly served in person, with process in the action at law"; that a plea was filed for all the parties to the suit, which was withdrawn and a judgment by default rendered. Neither the bill or proof exhibits any sufficient excuse on "the part of complainant for not defending at law; and as he-had his day in court and might have defended, it is too late to seek relief in equity, for a wrong produced by his own negligence.

Decree affirmed.  