Holmes v. Stateler

This was a suit in equity, brought by appellant in the Marshall Circuit Court, against appellees, for the purpose of obtaining a new trial at law. The venue was subsequently changed to Peoria county. The bill alleges that the defendant Stateler, in February, 1858, obtained a judgment at IaAv against complainant, for $400, Avhich he claims is unjust and Avrong; th at th e A7erdict Avas procured by fraud, peij ury and forgery ; that the complainant was guilty of no negligence in defending the suit; that it was out of his pOAver to successfully defeat it upon the trial thereof; and that he can,…