Hursh v. Weliever

*381OPINION

Riner, Justice:

In the district court of Fremont County, A. W. Hursh as plaintiff, now respondent, instituted an action against Henry Weliever and Gerald Weliever as defendants. Of these parties Henry is now the appellant here. Hereinafter the parties in this court will usually be mentioned simply as appellant and respondent or by their respective surnames.

Briefly, the facts presented by the record are substantially as follows: Upon the institution of plaintiff’s action, in which an amended petition was filed, and shortly after that pleading was placed in the Clerk’s office of the…