Larison v. Hager

This suit is brought to recover a bid anee due upon a joint contract made lor the purchase of lands in Dakota, belonging to plaintiff. The defendants were copartners, doing business under the name of “D. L. Wilbur, Trustee.” In 1889 the plaintiff brought an action in Dakota against all the defendants upon the same contract as that sued upon here, but personal service in such action was made upon two only of the defendants, (Niokeus and Wilbur,) and defendant Hager was not served, and did not voluntarily enter any appearance in the Dakota suit. The suit resulted in a judgment in favor of the…