Sherrard State Bank ex rel. Moberg v. Vernon

This is an action of assumpsit brought by Sherrard State Bank for the use of Edward Moberg, receiver, against appellees, J. L. Vernon, H. E. Sudlow, E. E. Sincox and Thomas Convill. The action is based upon a written guaranty executed by appellees and by Charles Kinsey, who was dead at the time the suit was commenced. His personal representative was not made a party to the action. No service was had on Sudlow. A general and special demurrer to the amended declaration was filed by Sincox and Convill, and a similar demurrer was interposed by Vernon. The demurrers were sustained and appellant…