Hill v. Crump

A petition for a rehearing having been filed, the following opinion, overruling the petition, was delivered by

Ray, J.

The appellee asks a rehearing in this case, on the ground, first, that the record does not purport to set forth all the evidence submitted to the court below upon the motion to set aside the default.

*294The record shows that the motion was made upon the affidavits filed.. In our opinion, it would not have been proper for the court to have received counter affidavits, denying the truth of the facts averred as constituting the defense. This would have been simply trying the merits of…