O'Neil v. Eppler

The opinion of the court was delivered by

Burch, J.:

The action in the district court was one to enjoin the execution of a money judgment rendered against the plaintiff, O’Neil, and in favor of the defendant, Eppler. The relief prayed for was denied and the plaintiff appeals.

The judgment which was assailed rests upon a summons issued by a justice of the peace of Ellis county and returned by a constable as served on July 5, 1910, by leaving a copy at the usual place of residence of the plaintiff with his,wife. The copy was in fact left at the residence of one Morton in the city of Ellis, and the…