Herzberger v. Barrow

Appellants bring here for review the action of the learned chancellor in ordering an injunction to issue. The facts alleged in the bill as ground for this action are not denied. The appeal is based upon the face of the bill. The case stands as if appellants had demurred. It follows that whatever is well pleaded in the bill must be considered as true. Thus viewed, a case of fraud, oppression and of legal misconduct is presented which calls for relief. It appears that the first judgment was obtained against William Barrow without his being served with summons or being notified in any other way…