Kesler v. Myers

On Petition for a Rehearing.

A rehearing is asked in this case upon three grounds.

First. That the court erred, in holding that the affidavits *547filed in support of the motion to set aside the default were not properly and legally in the record.

Second. That it was the duty of the court, when it discovered the mistake of the clerk, to have required the clerk to correct such mistake.

Third. That as the appellant and his counsel had donetheir whole duty in the premises, the court should not visit upon them the consequences of the ignorance or malice of the clerk.

The counsel for appellant assume that…