Lanier v. Walden

1. The motion to dismiss the bill of exceptions is denied.

2. “ While, under the code of this State, a judgment cannot ordinarily be set aside except for defects appearing upon the face of the record, there are instances in which motions so designated have been granted where based upon matters not so appearing. Whether such a petition be technically a motion to set aside a judgment, or denominated by other .appropriate name under a proper proceeding by petition with rule nisi or process or service thereon, whenever such a petition is *9predicated upon matters extraneous to tlie record, it must…