Cutrer v. Smith

J. L. Cutrer, the plaintiff herein, obtained a personal judgment against M. H. Smith, under which a stock of merchandise belonging to the latter was seized. Following the seizure, Smith brought a direct action against Cutrer praying for an annulment of the judgment rendered against him on the ground that same had been obtained on testimony that was utterly and entirely false and untrue. With the prayer for the annulment of the judgment, there was also one for a rule nisi for an injunction to prevent the sale of the goods that were under seizure, and for a temporary restraining order pending…