Livingstone v. Rebman

In its opinion affirming the judgment of the trial court, the Court of Appeals said:

“In attempting to vacate a judgment under such circumstances what needs to be shown is prima facie proof supporting the defense. But the defense which is presented here is that the note is a forgery upon which the defendants are not bound. Either such claim is true or is not true. The same proof is required on the motion [petition] as on the merits. It must follow, therefore, that even though the rule be as just stated, a trial judge is not required in all events to give cred*112ence to the incredible in…