Magee Et Ux. v. Morton B. L. Ass'n.

Opinion by

Cunningham, J.,

This is an action of assumpsit to recover the withdrawal value of stock in the appellee building and loan association. Suit was brought in the names of William G. Magee and Olive E. Magee, his wife; it was instituted by the wife alone and the statement of claim is signed and sworn to by her. A few days after service of the summons and statement of claim an attorney for the husband, acting under a filed warrant of attorney, marked the suit “discontinued and ended” as to him. Appellee filed an affidavit of defense raising questions of law which were decided in its favor…