Decoster v. Brown (Et Ux.)

Opinion by

Parker, J.,

This is an appeal from an order of the court below refusing to strike off a judgment against Mary Smith Brown. The original suit was by the holder of a negotiable instrument against the maker and Mary Smith Brown, the indorser. The summons and a statement of claim were served upon the defendants and on January 9, 1934 judgments were entered against maker and indorser for want of an affidavit of defense. Two days later a fieri facias was issued and on February 6, 1934, an order was made for an oral examination of defendants. Such examination was held on February 16, 1934.…