Conrad v. Swanke

The plaintiff commenced an action in justice court against the defendants as partners. The summons was served only on the defendant Clavin, and judgment entered against him in the justice court by default for $71.65, exclusive of costs. He appealed to the district court of the county of Morrison upon questions of law and *439fact. He personally made and verified the affidavit on appeal, but the notice of appeal was signed by F. W. Lyon, attorney for defendant Clavin. Service of this notice of appeal was admitted, and the notice and proof were filed with the justice. The plaintiff moved the…