Argo Oil Corp. v. R. D. Mitchell, Inc.

Defendant Mitchell, who had a default judgment against E. H. Murphy for $559.39, later filed an affidavit for a writ of garnishment against plaintiff, Argo Oil Corporation. The files of the law case show on December 2, 1932, a return of service of the writ followed by an order of default and the entry of a default judgment against plaintiff on December 30,1932, in the sum of $611.18, upon which a writ of fieri facias issued on January 2, 1934.

Plaintiff filed a bill on January 9th to set aside the default and vacate the judgment, claiming, according to an amended bill, that it was not and…