Central Bank v. Willcox-Pima Overland Co.

This action was brought against the 'Willcox-Pima Overland Company, a copartnership composed of H. C. Kimball and S. B. Brown, and H. C. Kimball, to recover upon a promissory note. The summons was served upon H. C. Kimball, who, within the time allowed by the statute, filed a separate “verified” answer. Thereafter the action as to the defendant Kimball was, on motion of the plaintiff, dismissed, but a default judgment was entered against the copartnership, and also against Kimball as a member of the firm. It appears that Kimball had no notice of this action of the court. Subsequently, on his…