Carroll v. Vaughan

This is a proceeding to set aside a judgment and grant a rehearing under the statute. — Rev. Code, § 2814. The prayer of the petition was granted in the court below, and a rehearing was allowed. The respondents in the proceeding for rehearing, and the plaintiffs in the judgment, appeal to this court. They assign for error the overruling of their demurrer to the petition, and the judgment of the court setting aside the judgment and granting a new trial.

The Code declares, that “ where a party has been prevented mailing his defense by surprise, accident, mistake, or fraud, without fault on his…