Heath v. Jones

This is a bill in equity brought by plaintiff in an action at law to recover an alleged legal debt, and who had obtained judgment upon such debt, but which judgment liad, upon appeal to this court, been reversed with a remanding order; but by mistake of fact, as it is alleged, such plaintiff had failed to have the transcript of such judgment of reversal, etc., filed in the lower court within the two years prescribed by the statute, the right of action in the original suit having meanwhile become barred by the Statute of Limitations.

Section eighty-four of the statute provides that “ When a…