Dusenberry v. Bennett

The opinion of the court was delivered by

Wells, J. :

This action was brought by Dusenberry against E. Bennett and É. R. Bennett, copartners as E. Bennett & Son, on an indorsement upon a promissory note. The petition and precipe were filed on June 18, 1894. The summons was issued returnable according to law, but with no amount indorsed thereon *124for which, with interest, judgment would be taken if the defendants failed to answer. No appearance was made by either of the defendants in the district court, and, on July 30, 1894, judgment was rendered for plaintiff, upon default, for $1200 and costs…