Brown v. Bennett

Warner, Chief Justice.

This was a motion to set aside a decree made by a court of equity in favor of Brown, the complainant, against Bennett, one of the defendants therein. .The motion to set aside,the decree was based on two grounds: First,that the defendant, Bennett, had never been served with process in said case. Second, because the allegations in said bill make out no case upon which a decree could have been rendered against the defendant, Bennett, and there is no prayer in said bill as against him. On the hearing of the motion, the court, from the evidence before it, held that the…