Krug v. Davis

The appellant, as sheriff, had seized and was about to sell upon execution property of the appellee. The appellee obtained a judgment enjoining the sale, on a complaint wherein it is alleged that the judgment on which the execution was issued was void for the want of notice to the defendant. The appellant now insists, under a proper assignment of error, that the court erred in overruling his (demurrer for want of facts to the complaint.

We need give only the allegations of the complaint in ref(erence to the issue and service of the summons, as the sufficiency of the pleading in any other…