Gordon v. Hailey and Bumpass, Contractors, Inc.

MERRILL, Justice.

This appeal is from an order of discontinuance in favor of defendant and from the order overruling a motion designated as-a “motion for a rehearing.”

Appellant sued “Hailey and Bumpass, Contractors, Inc., a corporation, X and Y Corporations, and John Doe and Richard Roe whose names are unknown to plaintiff but will be supplied on information,” for $5,000 damages.

The sheriff’s return shows that the summons and complaint was served “on J. S. Hailey, defendant” on June 15, 1960. The-defendant filed the following verified plea on July 11, 1960:

“Comes Hailey and Bumpass, defendant…