Rush v. Klapproth

FUNDERBURK, Justice.

On September 22,1933, in a suit pending in the district court of Howard county, the plaintiff therein, McClaren Rubber Company, took judgment by default against the defendants Williams Auto Supply Company, F. V. Williams, H. S. Hart, and J. L. Rush. At the same term of court, and on November 25, 1933, the judgment by default, upon motion of defendant J. D. Rush, was set aside as to him; the intention of the court being to leave the judgment by default in effect as to the other defendants. At a subsequent term of court, the ease was tried with a jury as between the…