Welley v. Klein

delivered the opinion of the court. .

By this writ of error Joseph Welley seeks to reverse an order of the municipal court vacating and setting aside a judgment entered in his favor and against the defendant.

The record discloses that on May 24, 1928, plaintiff brought suit against the defendant to recover a claimed balance due him for goods, wares and merchandise sold and delivered to the defendant. An itemized statement was made a part of plaintiff’s statement of claim, showing a claimed balance due $407.31. The summons was returnable June 1, 1928,. and was served on defendant May 26. On May…