Clarke v. Smith

*1300*1299Plaintiff seeks to put himself in statu quo, and this appeal concerns itself with the correctness of the ruling of the trial court in granting the relief to which plaintiff claims *1300he is entitled. It appears that on December 1, 1921 a default judgment was entered against the plaintiff herein in favor of defendant Smith in the sum of $750 with interest and costs. In that action ‘Smith (defendant herein) alleged in his petition that $750 was due him from Clarke on the sale of an automobile. After suit was instituted Clarke retained one W. H. Carroll as his attorney to defend the action. The…