Lanham v. Home Auto Co.

Maxwell, Judge:

From a decree of the circuit court of Barbour County, vacating a judgment and enjoining the enforcement of an execution based thereon, the judgment creditor appeals.

The judgment, in the sum of $465.97, was rendered by the said court April 19, 1930, in favor of Home Auto Company, a corporation, against Dellet A. Lanham, Helen Lanham and David C. Lanham, in a proceeding upon notice of motion for judgment then pending in said court. The judgment was rendered upon default in appearance by the defendants.

In the suit at bar, David C. Lanham is plaintiff and the Home Auto Company and…