Jones v. Head

Grice, Justice.,

Counsel for the plaintiff insists that the suit can be maintained on two grounds: First, that this is a proceeding in equity seeking relief from void processes issued by the ordinary as ex-officio clerk of the court of ordinary, for cancellation of void process and fi. fa., and for an injunction against further procedure thereon by such ex-officio clerk. Second, the petition seeks a settlement in a court of equity under authority of the Code, § 113-2203, which provides that “A court of equity shall have concurrent juris*860diction with the ordinary over the settlement of accounts…