Nealis v. Dicks

Opinion of the court by

Mr. Justice Elliott.

The appellees sought and obtained a judgment setting *58aside a default and judgment rendered in favor of Orville S. Hamilton, on the 12th day of May, 1875.

The complaint of the 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 judgment,…