Lake v. Jones

This was a proceeding by the appellants against the appellees, under section 99 of the code as amended by the act of 1867,3 Ind. Stat. 373, for relief from a judgment theretofore rendered, upon the ground of “ mistake, inadvertence, surprise or excusable neglect.”

*298The appellants allege in their complaint that appellee Jones brought suit against them on an account, at the March term, 1871, and that they were duly served with summons therein; that, at that time, they were indebted to said Jones on a note which they had given him, and which became due in the spring of 1871; that he had no other…