Tygart v. Domestic Electric Co.

1. “ Where a statutory motion to set aside a judgment of a court of record is presented to the trial judge, a rule nisi is issued by him and served upon the plaintiff, an answer to the rule is filed by the plaintiff, and upon the hearing of the motion the judgment is set aside,” it is not necessary that the motion should affirmatively show upon its face that it was made during a term of court and within the statute of limitations. In such a case it will be presumed, in the absence of anything showing affirmatively to the contrary (the court having issued a rule nisi and upon the hearing set…