Section 2
SEC. 2. The person aggrieved by a judgment obtained in the manner stated in the preceding section, may, within the time there limited, file his petition in the Supreme Court, stating the fact of the rendition of such judgment and the circumstances constituting the fraud, accident, mistake, or excusable negligence relied upon as ground for relief, and praying that such judgment may be reversed and set aside, and the cause be determined upon its merits. Upon the filing of such petition in the Supreme Court, that court shall direct that reasonable notice of the pendency of such petition shall be served upon the adverse party, requiring him to appear before that court on a day named in the notice, to make his.defense to the petition. Upon the day named, unless a postponement is granted for good cause shown, the merits of the petition shall be summarily heard without further pleadings, upon evidence orally produced by the parties before the court. If the court shall find that the facts set forth in the petition are true, and that the petitioner is entitled to relief, the judgment complained of shall be reversed and set aside, and shall thereafter be of no validity, in cases where the petitioner has been unjustly deprived of his day in court and the opportunity to be heard thereon, by fraud, accident, mistake, or excusable negligence; and shall grant the appeal and proceed to hear and determine the appeal upon its merits, and make the necessary orders therein, as if the same had been regularly brought to said court by appeal, in cases where the petitioner has been prevented from entering an appeal by fraud, accident, mistake, or excusable negligence.