Baxter v. Weiner

Clarke, Justice.

Appellee Weiner brought a suit in equity to set aside a judgment rendered against him in DeKalb Superior Court. He asserts the judgment was the result of fraud practiced upon him by appellant Baxter in that Baxter is alleged to have falsely represented to Weiner that his suit for slander had been dismissed and would not be prosecuted to judgment.

Weiner had answered the original suit pro se and filed a counterclaim but made no appearance in court after the case appeared on the calendar published in the Decatur-DeKalb News legal review. At the first calendar call, Baxter…