Bank of Bourbon v. Mid-Mo Leasing, Inc.

BILLINGS, Presiding Judge.

Suit on promissory note. Judgment was entered in favor of plaintiff Bank of Bourbon and against all defendants. Defendants Mid-Mo Leasing, Inc., and J. W. Evens filed this appeal, contending they were denied a trial by jury. We reverse and remand.

The record filed herein shows plaintiff filed its petition on September 22, 1980. All three defendants were served but filed no pleadings. On November 24, 1980, at plaintiffs request, the case was set for trial January 8,1981.

On January 6, 1981, the clerk received and filed an answer of Mid-Mo Leasing, Inc., and J. W. Evens,…