Sherman v. Stephens

' (After stating the foregoing facts.)

It is contended in the brief of the attorneys for the plaintiff in error that the original motion to vacate did not contain enough to amend by, but no such objection appears in the record, nor was it urged that the grounds of the amendment were not presented in time, unless the attack upon the granting ■ of the motion is inclusive of the question of time. It seems that the verified’motion was, without objection, assumed on the hearing to be true. Only the one proposition is, therefore, presented: Does the motion as amended show any legally sufficient…