Investors Finance Co. v. Luxford

The district court sustained a demurrer to an alternative writ of prohibition, addressed to the county court; the plaintiff, the Investors Finance Company, elected to stand and judgment was rendered for the respondent. We think the judgment was right.

The substantial facts, as shown by the writ, are that in 1922, the Finance Company obtained a judgment against one Kroll on a cognovit note without service on or notice to him. His attorney was in correspondence with the company, had set forth his client’s claims of defense and was led by them to believe that they acquiesced in those claims and…