Hicks v. Bank of Wrightsville

The Bank of Wrightsville filed suit to the May term, 1926, of the city court of Wrightsville against W. H. Smith and E. P. Hicks on a joint and several note. Smith was never served with a copy of the suit. A judgment by default was rendered against E. P. Hicks, on May 15, 1926, and on May 26, 1926, execution was issued in favor of the bank against W. H. Smith and E. P. Hicks. On November 14, 1927, E. P. Hicks paid $300 to the bank on such judgment, and on July 20, 1928, he paid the bank $117.75 on this judgment. On May 24, 1933, the judgment became dormant, and on November 23, 1934, a scire…