Hunter v. Gillespie

Almand, Justice.

F. J. Hunter, in the capacity of a citizen and taxpayer, sought by writ of mandamus to compel the defendant, J. L. Gillespie, Marshal of the City of Hapeville, to enforce certain provisions of a zoning ordinance. The writ was made returnable June 2, 1950. On June 27, 1950, the court entered a judgment (after reciting that the defendant had failed to appear or plead) granting a mandamus absolute. On June 29, 1950, during the term at which the judgment was entered, the defendant filed a motion to set aside and vacate the judgment, on the ground that, though he had a good defense…