Cory v. Howard

The complaint in this action seeks to set aside a judgment by default. It was filed in the lower court more than two years after the rendition of judgment, and is drawn upon the theory of fraud in the procurement of such judgment. It was tested by demurrer, which was overruled.

Upon trial of the case, the court found for appellees. Appellant moved for an arrest of judgment, which was overruled, and thereupon the court rendered judgment setting aside the judgment.

Appellant presents that the court erred in overruling the demurrer to the complaint, and in overruling appellant’s motion in arrest…