Lawler v. Couch

— The appellants brought their complaint in the circuit court to be relieved, under the 99th section of the code (1852), from a judgment taken .against them by default. The court overruled the appellee’s demurrer to the complaint, whereupon the appellants moved for judgment in their favor, and objected to the setting of the case down for a hearing upon any other evidence than the complaint and affidavits filed therewith. The court overruled these objections, and, upon a hearing, found for the defendant. The appellants then moved in arrest of judgment; the court overruled the motion and gave…