Phelps v. Varbel

Plaintiff’s action is one to renew a judgment which originally had been entered on January 12, 1924. Section 11007, 1939 Code, 614.1(7), 1954 Code. Several defenses were made in this subsequent proceeding. The rulings concerning them in connection with preliminary motion, motions during the trial, as well as a directed verdict in favor of the plaintiff at the conclusion of all the evidence, are the bases of the present appeal. The present plaintiff is a claimed assignee and heir of the original judgment holder. The defendants have appealed from the judgment entered against them.

The original…