Duggan v. Smyser

Appellants are man and wife. In a suit brought against them by the city of Dalton (for violation of an ordinance, we suppose) there was a verdict or finding against Michael only. He employed appellees, attorneys at law, to obtain or assist in obtaining a new trial; and to recover their fees for professional services in that behalf they brought this suit before a justice of the peace, and obtained judgment against both the defendants, by default. From that judgment Mary' took an appeal, in which Michael did not join, nor was he summoned pursuant to Sec. 70 of Ch. 79 of the R S. A trial on…