Edison Provision Co. v. Armour & Co.

Armour & Company brought suit on a note in the city court of Morganton against T. N. Hendricks and Edison Provision Company. The case was marked in default at the January term, 1934, and at the April term a verdict and judgment were taken in favor of the plaintiff. Execution was issued thereon, a levy made, and an affidavit of illegality interposed by the Edison Provision Company, on the grounds, among others, that the defendant had never had his day in court, there not being attached to the original suit any process requiring the defendant to answer the suit; that no appearance or pleading…