Bovasso v. Sample

LAVENDER, Justice:

Appellee (plaintiff below) brought suit in the district court for money judgment against George J. Bovasso and Florence E. Bovasso (Florence), then husband and wife, for the balance due on a residential construction contract, alleging that upon rendition of judgment plaintiff is entitled to have said judgment determined to be a lien against the real property, and for foreclosure of said lien.

Although duly served with summons, Florence entered no appearance in the cause and the court below entered a judgment by default against her on August 8, 1979, for the balance due as…