Farmers & Merchants Bank v. Duke

The assignments of error raise but one main contention that at the time of the trial of the action the defendant’s intestate, H. J. Duke, was non compos mentis and was not represented by a guardian ad litem. H. J. Duke has died since the verdict and judgment, and the defendant, Otho H. Duke, has been appointed his administrator. The defendant administrator made a motion in the cause in the court below to set aside the judgment. The motion is based on C. S., 600, which is as follows:

“The judge shall, upon such terms as may be just, at any time within one year after notice thereof, relieve a…