Swan v. Timmons

The questions presented by this appeal arise upon the ruling refusing appellants a new trial.

In order to understand the questions requiring consideration, it is necessary to give a synopsis of the evidence. In *244April, 1875, the appellee Henry Timmons obtained a judgment against the appellant John W. Swan; in June, 1877, an' execution was issued on this judgment, and an action for an injunction to restrain its enforcement commenced by the appellant in the Benton Circuit Court; no order, however, was obtained afterwards, but before the dismissal of the action in the Benton Circuit Court,…