Gibbs v. Ison

Mr. Justice Allen,

sitting for Mr. Chief Justice Teller, delivered the opinion of the court.

This is an action upon a promissory note. A default judgment was rendered against the defendants. Thereafter two of the defendants filed a motion to vacate the judgment and recall an execution issued thereunder, upon the ground that they had never been served with summons. Upon the hearing of this motion, the same was denied. The two defendants, above mentioned, have sued out this writ of error, and the cause is before us on their application for a supersedeas.

Under section 40 of the Code of 1921, a…