McGhee v. Penn & Watson

An equitable action was brought in the superior court, to enjoin the enforcement of a fi. fa. based on a judgment alleged to have been fraudulently procured in the city court of Floyd county. In his answer the defendant denied all charges 'of fraud, averred that the plaintiffs were indebted to him in a stated amount for wages, and prayed a judgment therefor. An order was passed by the court allowing the plaintiffs to dismiss their suit; and their counsel entered upon the petition a written withdrawal of it. The case made by the cross-petition was entered on the court calendar for trial, and…