Littleton v. Smith

Mitchell, J. —

This was a proceeding by Littleton against George A. and Mark C. Smith, and John A. Petty, the latter being the sheriff of Clinton county, to enjoin the collection of a judgment recovered by the Smiths against Little-ton in the Clinton Circuit Court.

The plaintiff’s case proceeds upon the assumption that the judgment, the collection of which is sought to be enjoined, is absolutely void, and that it may be so treated in this collateral proceeding.

It appears from the complaint that the original action was commenced in the Clinton Circuit Court, and that, upon due application, the…