Kirkpatrick v. Utley

Mary L. Utley, then an infant, had, by next friend, brought suit in the circuit court against John R. Kirkpatrick for damages for his mal-practice as a physician and surgeon, whereby she had -lost an eye, and, on October 17, 1867, recovered a- judgment against him for $3,500 and costs. This bill was ' filed on the 18th of March, 1868, by Kirkpatrick against Mary L. Utley, to set aside the judgment and obtain *98a new trial, upon the ground that the complainant had been deprived of- an investigation of the facts and law of the case by the Supreme Court by the act of the defendant, or of the clerk…