Fuller v. Boggs

— The appeal in this case is from an order of the Circuit Court of Dallas County, granting a rehearing, under § 2814 (R. C.), which provides that where a party has been prevented from making his defence by surprise, accident, mistake, or fraud, without fault on his part, he may apply for a rehearing at any time within four months from the rendition of the judgment. Such an application is made by petition to a judge of the Circuit Court, in writing, stating the matter complained of, with a prayer for relief. The facts stated must be sworn to, unless they appear on the transcript of the record…