Leath v. Lister

GARDNER, Justice.

The original bill, as amended, seeks relief against a forfeiture judgment on a bond given in the detinue suit of the Mack-Roper Motor Company v. Mark Cunningham, and injunctive relief against the sheriff in making levy thereon. It is rested upon the theory that, though complainant’s name appears on the bond (given under section 7389, Code), yet he did not sign the same nor did he authorize any one to sign his name thereto, and hence- that his signature thereto was a forgery.

The insistence that the bill is without equity is well taken. If it be considered as one to set aside a…