Kimmell v. Edwards

This suit was instituted by John C. Kimmell, Jr., to cancel a certain judgment for $1,329.15 against him in favor of E. P. Edwards, rendered by the district court of Taylor county, and to restrain the threatened collection of said judgment by execution, and from a judgment in the present suit denying the relief sought, the plaintiff has appealed.

It was alleged in plaintiff’s petition that the former judgment was void and of ho legal effect by reason of the fact that he was never served with a citation and certified copy of plaintiff’s petition in such suit; that the suit was instituted in…