Cope v. Wilkinson

The bill was filed to enjoin enforcement of a judgment of $49.50 rendered by Wilkinson, a justice of the peace, against complainant, and to recover $22 seized by execution issued upon the judgment. The chancellor dismissed the bill. Complainant appealed and insists that the judgment should be declared void under the rule applied in McLean v. Chanabery, 5 Tenn. App. Rep., 276. The facts stipulated are:

F. Nusbaum carried on a mercantile business in the trade name of West Nashville Ready-to-Wear Company. Complainant purchased and received goods and by contract agreed to recompense the West…