Ferguson v. Millender

BRANNON, Judge.

In an action of assumpsit in the Circuit Court of Wayne county by S. J. Ferguson against J. H. Millender, Jacob Zouck, and W. H. Grothe, as partners in the name of J. H. Millender & Co., process was served on Millender and Zouck but not on Grothe. Millender and Zouck appeared and pleaded, but Grothe did not appear; and there was a trial and verdict for plaintiff for $1,374.94 and judgment 'against the defendants. Afterwards Grothe moved the Circuit Court to reverse such judgment, assigning in his notice as causes for such reversal, that he had not been served with process had…