K. & S. Sales Co. v. Lee

This is an action to vacate a judgment under §§ 6290, 6292, and 6295 of Crawford & Moses’ Digest. The statute authorizes the court in which the judgment is rendered to vacate such judgment after tbe expiration .of the term: fourth, for fraud practiced by the successful party in the obtaining of the judgment or order; and seventh, for unavoidable casualty or misfortune preventing the party from appearing or defending.

The appellee, in bis complaint or motion to vacate, alleged that, at the April term, 1922, of the Polk Circuit Court, the above entitled cause was pending on appeal from justice…