First Nat. Bank of Cordell v. City Guaranty Bank of Hobart

PER CTTRIAM.

The parties will he referred to herein as they appeared in the trial court.

The facts in this case are few and simple and the decisive cuestión involved is one of law rather than fact. It appears from the record that, in August, 1927, the p'aintiff, City Guaranty Bank of Hobart, commenced this action in the district court of Kiowa county against one W. C. Scarberry, defendant, to recover on .certain promissory notes. Personal service of summons was made on the defendant in Kiowa county. The defendant failed to appear or answer, and thereafter, on November 2, 1928, a default…