McClain v. Davis

Complaint under oath to set aside a default and judgment. Demurrer to the complaint, for want of facts sufficient to constitute a cause of action, sustained, and judgment for the appellees.

The only question presented for decision is, whether the complaint showed a case wherein, under section 99 of the practice act, the defendant was entitled ta relief against the

*420judgment which had been taken by his default. The complaint shows that the judgment, from which relief was sought, was taken upon a promissory note executed by the plaintiff’s ward, Garrett McClain, which note was made payable at a…