Weaver v. Kennedy

This proceeding was brought by appellants, under section 396, R. S. 1881, section 399, R. S. 1894, to set aside a default and decree taken by appellee against appellants. The court below after hearing the evidence denied the application, and over a motion for a new trial rendered a judgment for costs against appellants.

The only error assigned is the overruling of appellants’ motion for a new trial. The motion for a new trial assigned two reasons : 1, that the decision of the court is not sustained by sufficient evidence, and 2, that the decision is contrary to law.

The error assigned requires…