Hunter v. Elliott

This was an application by the appellant, filed at the June term of the court, 1866, under the latter clause of section 99 of the code, to set aside a judgment rendered at the February term preceding, against him, and in favor of Elliott, the appellee. '

The judgment was rendered on a promissory note, executed by Samuel P. Hunter, the appellant, to Samuel H. Hunter, on the 12th of June, 1857, for $162 50, payable on the 25th of the following December. The appellant appeared to the action on the note, and pleaded payment thereof.

This application was in the form of a written motion, stating the…