Miller v. O'Brien

Hurlbut, J.,

rendered the opinion of the court.

The amended complaint in this action was filed April 4, 1913, (the record nowhere showing when the suit was begun) . The defendants in error were plaintiffs below, and there recovered judgment against defendants Hipp, Royer, Heck, Youd, Turner and Miller.

The suit is one in equity, to annul a certain judgment of a justice of the peace, rendered July 6, 1909, by Ed. R. Mor*512ris, then justice of the peace, in favor of John Hipp plaintiff, against Eliza A. O’Brien and George F. Bennett, defendants ; and to secure a decree declaring void the sheriff’s…