Stoner v. Turner

TAYLOR, Justice.

On February 9, 1950 the respondent, as plaintiff, filed complaint against J. L. Balch and O. O. Turner to recover damages for an alleged breach of a covenant of a lease. It appears from the allegations of the complaint that the defendants were joint tenants, jointly and severally liable .to its terms. Service upon the defendants was made on the same day, February 9. Defendant Balch appeared, by attorney, and filed demurrer February 13. On March 21 the plaintiff, by his attorney (at that time J. Alfred May) petitioned for and obtained an order dismissing the action as to Balch.…