Johnson v. J. A. Barrett Auto Co.

Respondent sued in the district court seeking, so far as material to a decision of this ease, to restrain the enforcement of a judgment previously rendered in probate court against respondent in favor of the appellant auto company, on the ground that the probate court had rendered said judgment without complying with sec. 5, chap. 113, 1927 Sess. Laws, which provides that in probate or justice court, five days’ notice of the setting of the case must be given to the parties or their attorneys.

Respondent attached to, and made part of his complaint herein, the probate court docket, which shows…