Schwartz Bros. & Co. v. Stafford

' Ethridge, P. J.,

delivered! the opinion of the court.

The appellants,/Schwartz Bros. & Co., were plaintiffs in the court below, and brought suit upon a judgment rendered against the appellee, J. H. Stafford, in 1925, at the July term, of the circuit court, filing therewith a copy of the judgment, and a former declaration upon which the judgment was rendered, as exhibits to said declaration.

The defendant pleaded the general issue, nul tiel record, and gave notice thereunder that he would introduce evidence to show that no summons or process was served upon him in the suit in 1925; and, for…