Russell v. Mitchell

SIMPSON, Justice.

This is an appeal from a decree overruling demurrer to a bill in the nature of a bill of review, seeking to avoid a judgment at law.

The bill is brought by a minor, suing by his father and next friend. It alleges that a suit for damages was filed by the appellant (respondent in this case) against the minor, appellee here, on the law side of the same Circuit Court, that said minor was served with process and a judgment by default was rendered against him. It is further averred that at the time such suit was filed the complainant here, defendant therein, was an infant 18 years…