McDougald v. Chattanooga Medicine Co.

The procedure in this case is somewhat anomalous. The plaintiff in error calls it a motion to treat the judgment of the superior court as a “nullity.” In some doubt as to the charac*654ter of Iris pleadings, he asks that this motion be treated by this court as a motion for a new trial. We think it is more properly a motion to set aside a judgment rendered by the superior court on the facts stated in the motion. From a confused record we have, after some study, evolved the following to be the case: From a judgment in favor of the plaintiff in a suit on an account in a justice’s court the defendant…