Ponca Milling Co. v. Stevens

The opinion of the court was delivered by

West, J.:

The defendant appeals from an order sustaining a demurrer to his answer to a bill of particulars setting out a judgment recovered by the plaintiff against the defendant in the county court of Kay county, Oklahoma. The defendant and the Tonkawa Milling* Company were sued jointly in that court, but no service was had on the milling company, and the defendant defaulted, and the judgment was taken against him for $315.15 and costs, upon which judgment suit was brought in the city court of Wichita, and judgment rendered thereon, and the cause…