Bagott v. Mullen

Complaint against appellants, charging, that, in 1864, the State, on relation of Hasselman and another, recovered a judgment against one Vandever, as sheriff, and the appellee, and the appellants, upon an official bond, a copy of which judgment is filed with the complaint; that said Vandever is notoriously insolvent; and that appellee has been compelled to pay said judgment in full, and demands contribution from the appellants.

A sixth paragraph of answer was filed, which averred that process was not served personally on the appellants in the suit upon which the judgment was rendered, and that…