Murphree v. International Shoe Co.

FOSTER, Justice.

This is an appeal from a decree sustaining the demurrer to a bill in equity filed by appellant to set aside a judgment rendered against him in favor of respondent. The bill proceeds in two aspects leading to the same relief. The first is that there was no service of summons and complaint according to the return of the sheriff; that he had no notice of the suit, nor of the judgment until the sheriff levied an execution on certain property as his a few days prior to filing the instant bill in equity; and that he did not owe the debt sued on. The second aspect is that the…