Duncan v. Gibson

This is a proceeding in equity to restrain a judgment at law. It appears from the record that Gibson, the present defendant, commenced a suit against Duncan, the present plaintiff, returnable to the Lawrence County Circuit Court ' at its May term, 1864. The suit was instituted in March of that year,' and Duncan was personally and seasonably served with process. The petition in the case counted on a promissory note alleged to have been executed by Duncan, and Avhich was alleged to have been lost or destroyed. Duncan did not appear to the action or make any defense, and judgment was in…