Hite v. Fisher

The appellee sued Jacob H. Hite in attachment, and caused a summons in garnishment to be issued against the appellants William N. Hite, George W. Hite and Darius Patterson, who were residents of Rush county. The summons was duly returned, “Served by reading,” etc., “April 20th, 1878,” and judgment by default was taken against each of the appellants for a sum found due and owing by him to the principal defendant. Afterward, and within two years, the parties appeared and the appellants filed their motion, supported by the separate affidavit of each, to set aside the judgment and default, and…