Collier Carbon & Chemical Corp. v. Castle Butte, Inc.

McFADDEN, Judge,

Pro Tern.

This is an appeal by Jonathan L. and Cecelia Ellsworth from an order denying their motion to set aside a judgment which had been entered against them. Because the Ellsworths had not been named individually as defendants in the action, they contend judgment should not have been entered against them personally. We agree and reverse the order refusing to set aside the judgment.

The underlying action was instituted by the plaintiffs (Collier Carbon & Chemical Corp.; Kellogg’s, Inc.; and Union Seed Company) against the defendants (Castle Butte, Inc.; Grant R. Ellsworth,…