Grogan v. Herrington

(After stating the foregoing facts.) This was a suit in a superior court on a verified account against two persons designated in plaintiff’s petition as partners. Personal service was made on one of them, but no service was had on the other. The suit was in default and a verdict and judgment were rendered, at the first term of court, against the defendant who was served, without the submission of proof. The defendant in error contended in his motion to set aside the judgment that the judgment should be set aside as it is based on a void verdict which was taken in a suit on account without the…