Kesler v. Myers

—This was a proceeding for relief from a judg*544ment by default, under section 99 of the code, as amended by the act, approved March 4th, 1867. 3 Ind. Stat. 373.

The facts are these: Myers sued Kesler before a justice of the peace and obtained judgment, from which Kesler appealed to the circuit court. The justice sent up the transcript, and the case was regularly docketed. The subsequent history of the case is shown by the following bill of exceptions in the record:

“The State of Indiana, Marion County. Civil Circuit Court, December Term, 1871.

“John Myers v. Lewis Kesler. Appeal from John F.…