Elliott v. Cook
33 Ala. 490
Ala.1859Check TreatmentThe appellant does not show, by his petition, that he was “'prevented from making his defense by surprise, accident, mistake, or fraud, without fault on his part.” The demurrer to the petition was, therefore, properly sustained; and the judgment of the court below must be affirmed.—White v. Ryan & Martin, 31 Ala. 400; Stewart v. Williams, at the present term.