Johnson v. Ware

The plaintiffs in error prosecute this proceeding to reverse an order of the district court refusing to grant them a new trial, upon a judgment rendered against them by default upon a cross-petition foreclosing two mortgage liens upon their property. The petitioners filed what appears to be a defense to the allegations of the cross-petition.

The defendant in error moves to dismiss this proceeding for the reason that all of the parties defendant in the court below who might be affected by a reversal of the judgment were not served with the case-made or with summons in error. The defendant in…