Elrod v. Gray Lumber Co.

W. T. Elrod sued the Gray Lumber Company before a Justiqe of the Peace on an account, and obtained a judgment for $70.25.-

The warrant was issued and duly served January 16, 1893, the trial of the case being at the *477time set for Eebraary 22, 1893. The case was tried and the judgment rendered on the latter' day without an appearance, in any manner, on the part of the defendant.

Execution was issued from that judgment, and levied on the property of the defendant, and the property was advertised for sale.

Soon thereafter, on the sixteenth of March, 1898, the defendant filed its petition for…