Brown v. Correll

The petition was in two counts: Count I involved a note signed by both defendants, and Count II involved a note signed by only one of the defendants. The action was commenced for the June, 1938, term and was aided by attachment in which certain persons were garnisheed. When the notice of garnishment was served on them, they stated they would appear and give answer in court and gave no other answer, but they did not appear in court. April 5, 1938, defendants filed an answer and counterclaim. The answer was a general denial; counterclaim was for wrongfully suing out the attachment. No other…