Mann v. . Hall

BROWN, J., dissenting; WALKER, J., concurring in the dissenting opinion. This is a motion to set aside a verdict and judgment for mistake. Revisal, 513, empowers the judge "upon such terms as may be just, at any time within one year after notice thereof, to relieve a party from a judgment, order, verdict, or other proceedings taken against him through his mistake, inadvertence, surprise, or excusable neglect." On such motion the facts found by the judge are conclusive. This court can review only the question whether the facts so found constitute such mistake, or inadvertence, or surprise, or…