Myers v. Phillips

This was an action of ejectment, and the only question presented on the record respects the refusal of the court below to vacate the judgment, and grant a new trial under the statute.

The provision of the statute is, that the court in which judgment shall be rendered in such action, at anytime within one year thereafter, upon the application of the party against whom the same was rendered, and upon the payment of all costs and damages recovered thereby, shall vacate such judgment and grant a new trial.

Judgment for recovery of possession of the premises, and for one cent damages, was rendered…