
    INJUNCTION AGAINST LEVY ON JUDGMENT.
    [Circuit Court of Knox County.]
    Edwin W. Howard v. E. T. Kinney Company.
    Decided, October 12, 1906.
    
      Cognovit Note—Judgment upon, in Defendant’s Absence—Pleading— Injunction Against Levy of Execution•—Jurisdiction.
    
    Tn the absence of a showing of lack of jurisdiction to enter the judgment complained of, injunction will not lie to prevent the levy of execution on a foreign judgment.
    
      Hugh Neal and L. B. Ilouck, for plaintiff in error.
    
      F. V. Owen, for defendant in error.
   By The Court.

In this case the petition shows that judgment was rendered against the plaintiff in the Common Pleas Court of Fulton county on a cognovit note. The allegation that he did not have opportunity to appear and make a defense is not important, because the averment that it was rendered on a cognovit, implies that his appearance was there entered under the terms of that cognovit, and that being true he was in court to all intents and purposes, and if he has a defense to that action, that is the court in which he must make application for relief. It is only where a judgment is void for want of jurisdiction that an injunction will lie to restrain a levy of an execution issued upon that judgment. Finding and decree for defendant; petition of plaintiff dismissed at the costs of plaintiff. Remanded for execution. Motion for new trial overruled and exceptions noted.  