Fulton v. Graham

This was an action of trover, to recover three head of cattle, or statutory damages in lieu thereof. The plaintiff prevailed, and the defendant filed both a motion to set aside the judgment and a motion for a new trial. Both motions were overruled, and the defendant excepted.

1. The motion to set aside the judgment was upon the ground that the court was without jurisdiction of the person of the defendant, who did not reside in the county where the suit was brought *660and did not waive jurisdiction or appear and plead either in person or by an authorized attorney. A sufficient reply to the motion…