Gross v. Griffin

The court, it appears, determined in the original trial both that the plea in abatement should be overruled and that the defendants' defense of priority of lien on the cotton seed should not prevail. The instant suit to vacate that original judgment is in effect an effort to try the same questions a second time. The instant proceeding, though, is based upon the contention, as pleaded that the original judgment was void because there was a lack of representation of the minor plaintiff by a next friend. But is the judgment in the original case void, as pleaded? It is not an absolute…