
    Clark’s Cove Guano Company v. Steed.
    Where a judgment of the superior court is based upon the verdict of a jury, and there is no motion for a new trial or to set aside the verdict, a motion to set aside the judgment will not be granted for any cause which does not appear upon the face of the record or pleadings. The motion in-the present case being based wholly on aliunde grounds, the general demurrer thereto should have been sustained.
    April 24, 1893.
    Argued at the last term
    Motion to set aside judgment. Before Judge Miller. Talbot superior court. March term, 1892.
    The plaintiff' sued Steed and his wife on a promissory note. When the case was called, defendants’ counsel moved for a continuance because of the absence of Steed, stating that there was no defence as to him, that he was a witness for Mrs. Steed, that he had not been subpoenaed, but that they proposed to show he was sick and unable to attend court. A showing was made, but the motion to continue was overruled; and a verdict and judgment were rendered in favor of the plaintiff'. Mrs. Steed moved to set aside the judgment upon the grounds, that her husband had the management of the defence and was a material witness, but was sick and unable to attend court on the day of the trial; that she had a good defence, having signed the note as security for her husband and being owner of a separate estate, which fact was known to plaintiff’s agents; and that through her husband she had secured attorneys and prepared her plea which was filed in the clerk’s office. To this motion plaintiff demurred on the ground, among others,, that the judgment could be set aside only for error appearing on the face of the record. The demurrer was overruled, and after hearing testimony of Steed and wife relating to the sickness of the former at the time of the trial, the court set aside the judgment.
   Judgment reversed.

J. J. Bull, by C. J. Thornton, for plaintiff.

J. H. Wo skill and J. H. MoG-ehee, for defendant.  