Ware v. Mosher

Plaintiff in error, in a suit before a justice of the peace, recovered a judgment by default against defendant in error. Thereafter the latter prosecuted a suit against the former to enjoin the collection of such judgment, on the ground that it was void. The court, upon trial, so found, entered a decree accordingly, and enjoined the collection of the judgment. This suit is prosecuted to reverse that judgment.

The complaint, inter alia, alleges that defendant, in the suit before the justice of the peace, never personally *320appeared, and that no process, writ or summons was ever signed by the…