Small v. Hempstead

Opinion of the Court, delivered by

Scott, Judge.

On the 10th day of August, 1825, Charles S. Hempstead obtained judgment against John B. Gilley, by proceedings on an attachment. Afterwards, in July, 1837, David Small, administrator of John B. Gilley, dec. filed his motion to set aside the judgment, for irregularity apparent on the face of the proceedings. This motion was overruled and the cause is brought here by writ of error. No exception was taken and preserved, to*the judgment of the court in overrulling the motion. This court will presume the judgment of the inferior court to be correct,…