Allen v. Turner

The opinion of the court was delivered by

Thiele, J.:

Defendants appeal from an order overruling their several demurrers to plaintiff’s second amended petition.

As originally commenced, the action was against R. B. Turner, as *591administrator with the will annexed of R. W. Turner, deceased. The petition was filed on September 20, 1938, on which date a summons was issued which was served on the defendant on September 21, 1938. On May 3, 1939, an amended petition was filed, in which R. B. Turner in his individual capacity was made a defendant. He was duly served with summons. On June 26, 1939, a…