Dealers Warehouse Co. v. Wahl & Associates

McCORMICK, Justice.

Defendant Frank Moothart appeals trial court’s order overruling his motion to set aside a default and judgment thereon. We affirm.

On March 6, 1968, plaintiff Dealers Warehouse Co. filed its petition against defendants alleging they owed plaintiff $51,416.54 with interest at seven percent from February 29, 1968, on a promissory note executed to plaintiff in their behalf by defendant H. H. Bud Wahl. Moothart is a California resident. Plaintiff attempted to serve him with original notice by serving Wahl as his agent and by serving him through the procedure permitted under the…