Wills v. Browning

Bicknell, C. C.

The appellees Browning and Sloan obtained a judgment by default against the appellant, and bad an execution issued thereon to the appellee Thompson, who, was the sheriff of the county.

The appellant brought this suit against the appellees to set, aside the judgment and prevent the levy of the execution.

The defendants jointly demurred to the complaint for want-of facts sufficient. The demurrer was sustained; the plaintiff refused to amend; judgment was rendered against him, and he appealed. The error assigned is sustaining said demurrer.

The complaint avers that Browning and…