Cox v. O'Neil

By the COURT.

1. There is no error in the judgment-roll in this ease of which we can take cognizance.

2. There is no reviewable error in the order denying the motion made in behalf of the defendant to vacate the judgment on the ground of surprise. The motion was not supported by the affidavit of the defendant; it was made solely upon the judgment-roll and the affidavit of defendant’s attorney, in which he deposed that he was prevented by mistake and surprise from appearing in court to attend to the trial of the case on the day that the case was set down for trial. But there is nothing in his…