Straus v. Biesen

Mr. Presiding Justice McSurelt

delivered the opinion of the court.

By writ of error the defendants bring in review the record in an action in trespass, in which judgment was against defendants by default and damages assessed by a jury at $750.

The summons was served on defendants to the September, 1925, term of the superior court and their general appearance was filed in apt time. Plaintiffs’ declaration was filed to the term commencing October 5,1925. It alleged that defendants with force and arms broke and entered the close of plaintiffs to the damage of plaintiffs in the sum of $2,000. Under…