Zimmerman v. Trude

Good, O.

Plaintiff brought this action in the district court against Trude, as sheriff, and Loverin & Brown ¿Company. The object of the action was to enjoin the defendant from levying an execution upon the property of the plaintiff upon the ground that the judgment, upon which the execution was issued, was void. The judgment in question whs rendered originally in the county court for more than $200, and a transcript thereof was filed in the district court, whence the execution issued. The judgment was al-’ leged to be void for two reasons: First, because the summons was neither issued nor…