Klarer Provision Co. v. Frey

Opinion op the Couet by

Hobson, Commissioneb—

'Affirming.

On November 1, 1930, the Klarer Provision Company recovered a judgment in the Jefferson circuit court for $13,444.34, against Chester F. Frey and his mother, Emma M. Frey. An execution was issued on the judgment which was levied on the home of the mother in May, 1931. On May 26, 1931, she filed her petition in the Jefferson circuit court under section 518 of the Civil Code of Practice, alleging in brief that the summons was not served on her, she knew nothing of the action, was prevented from defending by casualty and misfortune, she had…