Treesh v. Deveny

In her complaint the appellee alleged among other things, that heretofore, in the DeKalb Circuit Court, the Garrett State Bank brought an action to foreclose a mortgage on real estate, in which action the appellant, the appellee and others were parties defendant. That the appellant filed a cross-complaint in the foreclosure action, but that the appellee was not made a party defendant to the cross-complaint, was not served with any summons to appear thereto, and did not so appear. The complaint further alleged that the court made no finding against the appellee on said cross-complaint and…