Smith v. Allen

This was a bill in equity, by Allen, the defendant, against Smith, the plaintiff in a judgment at law recovered at the April term, 1870, of the Clay county circuit court, praying that the judgment be set aside, a new trial granted, and for an injunction. The defendants below filed a demurrer to the ■bill, which the court ordered stricken from the files, the bill to be taken as confessed, and a final decree, granting the prayer of the bill; from which, error was brought to this court, and several errors are assigned. The only error assigned which will be considered, is that of striking the…