Allen v. Smith

At the April term, 1870, of the Clay circuit court, appellees recovered a judgment, by default, against appellant, for the sum of $1500. Afterwards, an execution was issued upon the judgment, and was levied on some of appellant’s property. He, thereupon, filed this bill, and obtained a temporary injunction, and, after a change of venue, a demurrer was interposed to the bill, which was overruled by the court, and defendant declining to answer, the bill was taken for confessed, and the relief sought was granted, by decreeing a new trial at law. Defendant thereupon brought the case to this…