Hartman-Salmen Co. v. Maloney

HIGGINS, Judge.

This is an action ¡by a materialman on an open account to recover the sum of $551.70 for building materials alleged to have been sold and delivered to the defendant between the dates of June 6,1927, and August 5, 1927.

There was judgment in favor of the plaintiff as prayed for, and the defendant has appealed.

The correctness of the judgment is attacked upon the following grounds:

“1. That no notice of trial was properly served.

“2. That no opportunity was given for the presence of the defendant or his witnesses.

“3. That the Court erred in not maintaining the motion to dismiss an…