Smathers v. . Sprouse

Upon the hearing before the Clerk, defendants offered to show that they had not been served with sum mons in tbe original action. To this the plaintiff objected and the Clerk sustained the objection, ruling that the judgment could not be attacked in this way in this proceeding, and ordered and adjudged that execution issue. There is no error in such ruling, and his Plonor very properly affirmed it, as it is supported by many uniform precedents. A void judgment may be regarded as a nullity and attacked whenever it may come in question, but it must appear affirmatively upon the judgment record…