Kitson v. Messenger

Fox, Judge:

On October 14, 1925, A. E. Messenger and B. S. Messenger executed their two notes, each for the sum of $189.55, payable, respectively, in four and eight months thereafter, with interest, to Hortense Woofter. In September, 1933, a notice of motion proceeding was instituted in the Circuit Court of Gilmer County, against the makers of said notes, returnable on October 17, 1933, to obtain judgment thereon. This notice was signed by Opie W. Kitson, administratrix of the estate of Hortense Woofter, deceased, but did not contain an allegation of the appointment and qualification of the…