Dallin v. McIvor

Ross, C. J. —

This was an action brought by the appellant under the latter clause of section 399, R. S. 1894 (section 396, R. S. 1881), to set aside a judgment rendered against him by default.

The facts as disclosed by the record are as follows: During the summer of the year 1889, Milton R. Wood and others forming a syndicate, were furnishing the “Indiana and Lake Michigan Railway Company” money with which to build a line of railroad from South Bend, Indiana, to St. Joseph, Michigan, the appellant having charge of the construction of the road, and the disbursement of the money furnished…