Brinegar v. Bank of Wyoming

Lively, PRESIDENT:

The bill is to enjoin the defendant below, Bank of Wyoming, appellant here, from enforcing a judgment in its favor against plaintiff below, Jas. C. Brinegar, for the sum of $135.00, rendered by a justice of the peace, September 1, 1923, and to recover the sum of $42.50 collected by the bank on that judgment; on the ground that the person who served the summons on Brinegar told him that it (the summons) was for the purpose of requiring his presence as a witness in the trial, and not as a defendant, and that he relied upon that person’s statement as true; and on the ground…