Bordeno v. Guber

The opinion of the court was delivered by

West, J.:

August 8, 1919, the plaintiff filed his petition asking judgment on a promissory note against the makers, Mr. and Mrs. Guber. The answer day was September 8. A day or two before this Mr. Meek, an attorney, called Mr. Hogin, defendants’ counsel, and said in substance that Guber was at his office and desired to employ J. L. Smalley to represent him in the action, but that Mr. Smalley was out of the city and would be for a few days, and requested that no judgment be taken because of any default the defendants might make in the next few days,…