Colvert v. Colvert

On Petition for Rehearing.

Wood, P. J.

Appellant has filed a petition for a rehearing of this cause which is supported by a vigorous brief. This court understands that appellant, in her proceeding in the court below, sought to be relieved from the effect of a judgment, under Sec. 423 Burns 1926, Acts 1921, p. 277. But in order to entitle herself to relief under that statute, she must allege facts showing that the judgment was taken against her, “through her mistake, inadvertence, surprise or excusable neglect.” Counsel for appellants, in their brief in support of their petition, say: “Of…