Davis v. Fields

The opinion ’of the court was delivered by

Scott, J.

— This action was instituted by appellants in November, 1893, to set aside a judgment and decree in a former suit rendered March 15, 1893, in favor of the plaintiff therein, respondent here, foreclosing a chattel mortgage executed to him by appellants. The cause of action alleged is, that the court in the former action erroneously set aside a verdict returned by the jury in their favor, and rendered judgment for the plaintiff. No appeal was prosecuted in said former action, and it is conceded that this is an independent suit or proceeding.…