Lowman v. . Ballard

CLARK., C. J., dissenting; ALLEN, J., concurring in the dissenting opinion. Motion to set aside judgment, heard on appeal from a justice's court.

On the hearing it appeared that in 1911 plaintiff instituted an action on account against defendant, before a justice of the peace in said county, and on 16 March, 1911, recovered judgment for $173.75, defendant not appealing at this time; that defendant instituted a civil action against plaintiff to set aside said judgment, claiming that he owed plaintiff nothing and that he had never been served with summons in said cause, and, for many months…