Goldsberry v. Ellis

The opinion of the court was delivered by

Wertz, J.:

This is an appeal from an order of the trial court refusing to vacate a judgment. The pertinent facts follow.

*704On August 6, 1962, defendant was incarcerated in the county jail. On August 8 plaintiff (appellee) James H. Goldsberry brought this action against defendant (appellant) Ben E. Ellis to recover $1,240 for salary and commissions due him from defendant. Summons was issued and served on defendant.

At the time of his incarceration defendant was operating the Lois Motor Company and had placed in charge of the business one Theron Randall and…