Fairbanks v. Hayes-Sammons Hardware Co.

Hayes-Sammons Hardware Company, a corporation, brought this action on open account against Margaret McAllen Fairbanks and A. M. Fairbanks, alleged to be husband and wife, the husband being joined “pro for-ma” only, by express language in the petition. The defendants failing to answer, after apparently proper service, judgment was rendered against both of them indiscriminately for the amount sued for, and they have brought up the case on writ of error.

The initials of the husband were alleged in the petition to be A. M. Fairbanks, the citation was issued for service upon A. M. Fairbanks, the…