Grass v. Hess

The appellant, being a resident of Cass county, was sued by Hess before a justice of the peace of Wabash county, and process by-summons was there served on him. On the return day of .the summons he failed to appear before the justice of the peace, and judgment was rendered against him by default. A transcript of this judg*194ment was taken, filed, and recorded in the office of the clerk of the common pleas of Cass county, and an execution •issued on it to the sheriff of that county, who Was about to levy the same on the property of Grass, when he filed the complaint in this case to enjoin the…