Weaver v. Bowers

Johnson, Judge.

On June 26, 1984, Henry Weaver filed a complaint to collect monies allegedly owed to him by Max A. Bowers and J. Wade Bowers. *725The complaint mistakenly named “Wade J. Bowers” as a party defendant rather than “J. Wade Bowers.” The defendants’ answer was stricken when they failed to appear for a scheduled pre-trial conference on August 27, 1987, and judgment was entered in favor of Weaver in the amount of $18,975.

Weaver attempted to have a fi. fa. issued using the name J. Wade Bowers, instead of Wade J. Bowers, as it appeared on the judgment. When the clerk declined to do so, in…