Gallafent v. Tucker

— Respondent commenced this action in the probate court setting up two causes of action. The complaint alleges “that plaintiff has been and now is doing business as the Bannock Motor Company,” at Pocatello, Idaho. The complaint contains the necessary averments to set up a cause of action on an open account and to recover upon a promissory note, but fails to allege a compliance with the provisions of Sess. Laws 1921, chap. 212. Appellant was regularly served with process, but failed to appear in the probate court, where judgment was entered by default on February 24, 1928. On March 26, 1928,…