Handy v. Gray

Complainant (appellee) filed this bill on the equity side of the circuit court to vacate and annul a judgment in ejectment recovered by defendant and to enjoin the execution of that judgment on the ground that he had not been served with process in the action at law, nor had he ever appeared therein or in any wise waived his right to service and a hearing. The judgment against complainant was a judgment by default. Complainant avers that he had a meritorious defense. The original bill was filed November 1, 1920.

November 26, 1920, defendant filed an answer, demurrer, and plea. The plea set…