Indiana, Bloomington & Western Railway Co. v. Bird

Our code provides that a party may be relieved from a judgment taken against him through his mistake, inadvertence, surprise or excusable neglect; and also, that for any error of law appearing in the proceedings and *218judgment, or for material new matter discovered since its rendition, a party may have a review of a judgment taken against him. R. S. 1881, sections 396, 616.

This proceeding, instituted by appellant, can not be regarded as an application or proceeding under either of the above sections of the code. It .does not purport to be, but invokes an exercise of the inherent powers of the…