Cash v. Lowry

1. The writ of error being predicated on a judgment denying a motion to set aside a previous judgment foreclosing a mortgage, which motion alleged as the grounds thereof matters of fact not *198appearing on the face of the record, and error being assigned substantially in these terms: “ The court erred in rendering said judgment and in not adjudicating that said judgment of foreclosure be set aside and that the mortgagor be allowed to file his ■ defence to said foreclosure proceedings as provided by law,” and no distinct point or question of law for adjudication apart from the particular facts…