Kimball v. Loomis

This was a proceeding by the appellant, against the appellee, under section 99 of the code, as amended by the act of 1867, 2 R. S. 1876, p. 82, for relief *202from a judgment previously rendered, upon the ground of “mistake, inadvertence, surprise or excusable neglect.”

The record shows that, at the September term, 1876, of the court below, the appellee recovered a judgment by default, against the appellant; that, at the next November-term ot said court, the appellant tiled his application, in the form of a complaint, to set aside said judgment, alleging that it was obtained through the “mistake,…