Cresswell v. White

Crumpacker, J. —

This is a proceeding under section 396, E. S. 1881, for relief from a judgment taken against the appellants by the appellee through their alleged inadvertence and excusable neglect.

Appellee sued the appellants upon a promissory note in the Tipton Circuit Court, and they appeared to the action and the cause was put at issue, and was then taken to Howard county by change of venue. It was set down for trial in the Howard Circuit Court on the 13th day of November, 1889, of which fact both parties had due notice. Appellee appeared in said court on said day, and the appellants,…