Cadick Milling Co. v. Merritt

STAKELY, Justice.

This is an appeal from a decree of the equity court overruling demurrers to a bill in equity. The bill, which is in the nature of a bill of review, in substance alleges the following:

Cadick Milling Company, a corporation (appellant), filed suit against K. T. Merritt (appellee) in the Circuit Court of Dale County on January 13, 1941. Service of the summons and complaint was made on the defendant on January 17, 1941, by the sheriff of Dale County. On February 21, 1941, an attorney filed a plea of the general issue in behalf of the defendant. Nothing else was done in the case…