Ewell v. Jackson

Opinion op the Court by

Judge Carroll —

Affirming.

This action was brought to enjoin the collection of an execution issued upon what purported to he a judgment of the Laurel circuit court in the case of Ewell & Smith v. J. C. Jackson’s Heirs, upon two grounds: First, that the judgment was never-signed on the order book by the judge who delivered it; and, second, that the judgment disposed of a material question not presented by the pleadings in the action. H. C. Faulkner, the regular judge of the Laurel circuit court, could not sit in the case in which the judgment was rendered, and D. K.…