Nealis v. Dicks

— The appellees sought and obtained a judgment setting aside a default and judgment rendered in favor of Orville S. Hamilton on the 12th day of May, 1875. The complaint of appellees was filed on the 8th day of November, 1877. As more than two years had elapsed between the time of rendering the judgment and the filing of the complaint, the appellees were not entitled to relief under section 99 of the code. If entitled to relief at all, it must be upon the ground that their complaint states facts sufficient to authorize a vacation of the judgment independently of the provisions of the statute…