McKim v. Smith

Opinion of the Court by

Chief Justice Fulton

Reversing.

An action was filed by tbe appellants in the Carroll Circuit Court against the appellee in the year 1939 on an account for medical services. A motion to make the account more specific and definite was filed by the appellee. Before answer was filed and while the motion was pending, judgment was entered on August 31, 1939 for $330 with interest from January 1, 1933. No appeal was taken from the judgment.

Execution was issued on the judgment and levied on personal property of the appellee. This action was filed by the appellee to enjoin the…