Ragan-Malone Co. v. Padgett

(After stating the foregoing facts.) The record unquestionably discloses that the order dismissing the affidavit of illegality was granted by the court under an erroneous impression as to the facts. It was based upon the ground that no traverse to the officer’s return had been filed and no officers made parties; and the finding of the jury against this ground conclusively settled this question of fact in favor of the defendant. The record discloses also that the motion to set aside the judgment dismissing the affidavit of illegality was made during the same term that the judgment of dismissal…