Elliott v. R. C. McNairy & Co.

This is a petition for a writ of error coram nobis, which was dismissed, on motion, by the Circuit Judge, and an appeal to this Court.

The judgment sought to be set aside was rendered in 1864, by the Circuit Court of Davidson County, and is for the sum of upwards of $8,000. The petition was sworn to by Elliott on the 31st day of December, 1867, this being the last day on which it could have been filed, as it is required to be filed within one year, and the Statute of Limitations commenced to run on the 1st day of January, 1867. On the same day the petition was presented to John Hugh Smith,…