Winham v. Crutcher

The Chancellor :

—Motion to dismiss the bill for want of equity on its face. The facts disclosed are these: On the 11th of February, 1868, defendant Crutcher recovered a judgment, before a justice of the peace of this county, against defendants A. B. Shankland and John B. Murray, for $345.62. From this judgment an appeal was taken to the circuit court, the appeal bond reciting that both defendants appealed, but the name of Murray being signed by Shankland. Complainant signed the appeal bond as surety. On the 9th of November, 1868, the judgment of the justice was affirmed, and judgment rendered…