Mayer Furniture Co. v. Putt

Fox, J.,

In this case the defendants presented a petition, praying for a rule upon the plaintiff to show cause why the execution issued should not be stayed and the judgment stricken off. The petition averred, *543in substance, that the transcript filed' in the original judgment to No. 109, January Term, 1906, discloses that the original judgment was void for these reasons, viz.: That it did not show the cause of action; that any proofs and allegations were heard; that witnesses were sworn to support the claim, and that judgment was publicly rendered. Whereupon a rule was granted in accordance…