Smith v. Chandler

The facts averred in the complaint, by so far as we need notice them, are: That Chandler recovered a judgment before Clinton, a justice, against Smith; that within the time fixed by the statute, Smith applied for, and obtained, a new trial; that upon the second trial, Smith had a verdict and judgment in his favor; that after-wards, “without notice to the said Smith, the justice, at the request of said Chandler, or his attorney, rubbed out or scratched out said judgment in favor of said Smith, and issued an execution on the first judgment;” that said execution is in the hands of Dean, the…