McCarthy v. Holloway

Clarke, Justice.

Appellee is a holder of a default judgment entered by the trial court upon an alleged ex delicto cause of action. The trial judge granted and the judgment included a sum of money as attorney fees. Appellant first filed a motion for new trial or, in the alternative, motion to set aside the default judgment, which motion was denied and not appealed. Following this, appellant filed a complaint in equity attacking the judgment on the grounds that it was secured by fraud and that a portion of the judgment was void upon its. face because of the award of attorney fees in an ex…