Craig v. Wroth

The appellant recovered a judgment against Turner and issued an attachment upon it by way of execution, which was laid in the hands of the appellee, Wroth, who was summoned as garnishee. On this, a judgment of condemnation was rendered in 1865, and on this judgment a scire facias to revive it, was issued in June, 1872. In March, 1874, the appellee moved to strike out the judgment and filed as reasons for his motion, that it was obtained by fraud, surprise, and mistake. This motion was heard and argued in the Court below in October, 1874, and then held under curia until March, 187 6, when the…