Ferguson v. Hume

Opinion of the Court by

Judge Peters:

The petition in this ease was filed by appellant for a temporary injunction, and to obtain a new trial of the case, in which a judgment had been rendered against him in favor of appellee, upon the ground that although the sheriff had returned the summons executed on him in the case in which the judgment was rendered, in fact it was not executed, and the sheriff returned it executed by mistake, that -he had a good defense to the action, which he sets out in his petition, and which, as alleged, is a valid defense; and he alleges that he was prevented from…