Austen v. Marzolf

Opinion by

Mr. Chief Justice Frazer,

On June 12, 1926, judgment in the sum of $3,519.42 was entered by confession against John A. Marzolf and Charles Marzolf in favor of Bobert E. Austen on a nonnegotiable judgment note dated February 1, 1926, payable ten days after date. On May 11, 1927, Charles Marzolf presented his petition alleging his signature was a forgery, made without his knowledge or direction and without consideration to him, and a rule was granted on the plaintiff to show cause why the judgment should not be opened as to Charles Marzolf and he permitted to defend. An answer was…