Johnson v. Cox

OPINION

BISSETT, Justice.

This is an appeal from a default judgment. The appellee, Paul Cox, [hereinafter “Cox”] filed suit against the appellant, Glenn Johnson, [hereinafter “Johnson”] seeking to recover one-half of a $19,500.00 promissory note executed by Johnson and payable to Paul Cox and Dan M. Bates. Dan M. Bates was not a party to the suit. Johnson was served with citation but failed to appear or answer. A default judgment was rendered against Johnson which awarded Cox $9,750.00 (half the principal sum of *493the note) plus interest and attorney’s fees. Johnson filed a motion for new trial…