Thompson Bros. v. Phillips

— This is an action in equity, the ultimate purpose of which is to set aside a judgment by default, rendered against the appellants and in favor of the appellee Phillips. The judgment so attacked was rendered against appellants, Thompson Brothers and William Thompson, and Robert Thompson. The decree below granted relief to Robert Thompson, and no question is raised here as to. the propriety of that action.

*1065Two propositions are urged by appellants in support of their contention that the judgment against them should be set aside: (1) That the return of service upon an original notice purporting…