Adkins v. Selbyville Manufacturing Co.

This is an appeal from an order overruling a motion to strike out a judgment obtained by the appellee against the three appellants. The reason stated in the motion which was relied on in this Court, and so far as appears from the record was the only one relied on below, is “Because the defendants were not summoned to appear in the said cause.” Although the petition was sworn to by James H. Adkins, it was not denied that Charles W. Adkins was summoned and it was not contended in this Court that James 'LL Adkins was not summoned. It is true that the record shows that he testified that he did…