English v. . English

This is an application for relief under § 133. of C. 0. P., an'd to have set aside a judgment on the ground; of surprise.

As found by the judge in the court below, the facts are-that plaintiff commenced his action on the 7th of September, 1880 by summons ‘returnable to fall term of Pen-der superior court of that year, the object of the action being to procure an injunction and have declared void a mortgage, which the plaintiff had given to the assignor of the defendant.

A temporary restraining order, and an order to show cause why an injunction should not issue, were granted, and made…