Winter v. Allen

This hill was brought to enjoin an execution issued out of the law court of Carroll County on allegations that the judgment was not rendered by either the regular Circuit Judge or a special judge lawfully appointed or selected, commissioned or sworn, and was, therefore, void. The bill also charges that the minute record of the judgment was never signed, either by the regular or acting Judge who tried the case. The Chancellor sustained a motion and dismissed,the bill. The motion to dismiss challenged the bill for want of equity on its face, and particularly relied on the following recitation…