Pavlik v. Burns

This is an action in equity to enjoin defendant and the sheriff from enforcing a judgment against plaintiff on the ground that such judgment was obtained by fraud. The trial court set the judgment aside, enjoined defendant from collecting it, and granted plaintiff a new trial in the original action, with 30 days to file an answer therein. Defendant appeals.

*176For many years the parties to this suit lived near Verdigre, Nebraska. On April 7, 1925, the plaintiff herein signed a promissory nóte as surety with his brother-in-law, Charles S.- Mlady, to assist him in borrowing $3,500 from the…