Booker v. Porth

In this case we will proceed to the merits of the appeal without comment upon the very serious questions of whether plaintiff’s case on appeal was served upon defendant in time, and whether plaintiff’s record on appeal was docketed in this Court within the time prescribed by our rules.

It is abundantly clear from a reading of the complaint that plaintiff seeks by this action to recover personal judgment against the defendants for the payment of money. In his “Notice of Lis Pendens” plaintiff alleges: “The object of said action is to recover upon an express contract for payment of attorney’s…