State Ex Rel. Surgeon v. Jones

Hatcher, Judge:

The petitioner was plaintiff in a ease before a justice in which she obtained a judgment on July 14, 1928. On July 23rd, the defendant filed an affidavit stating that new material evidence had been discovered and praying for a new hearing. On July 27th, the defendant executed bond for the protection of the petitioner and served notice upon petitioner that on August 1st, a motion to vacate the judgment would be made. On August 1st, the motion was made, the judgment set aside and a new trial awarded.

This is an action in mandamus in which petitioner seeks to have the justice…