Tongue v. Brewster

This is a motion to dismiss an appeal. Thomas H. Tongue obtained a judgment against W. L. Brewster and others in the circuit court on July 29,1897, and on the eighth of April, 1898 — more than six months thereafter — they moved to set it aside upon the ground that it had been inadvertently entered and signed, and filed affidavits in support of the motion, which, being overruled, the defendants appeal.

It is alleged, among other things, that the defendants and their attorneys made inquiries of the clerk and the judge of the court below from time to time within the six months given for an…