Fleming v. Kemp

Defendant in error brought this action against plaintiff in error based upon a magistrate’s judgment, a photostatic copy of which is appended hereto as a part of this opinion. See 178 S. W. (2d), page 402. This action was begun in a magistrate’s court where judgment was rendered against the plaintiff in error. The plaintiff in error in due season prosecuted his appeal to the Circuit Court, where judgment was likewise rendered against him and his sureties on the appeal bond. The plaintiff in error filed no pleas. He offered no proof. He took the position that the judgment was void on its face…