Riske v. Rolan Grocery Co.

KEY, Associate Justice.

The Botan Grocery Company brought this suit against Otto Beuther and his wife Louise Beuther upon an open account for $226.54. Fritz Biske was also made a party defendant, and the plaintiff alleged that the Beuthers had fraudulently transferred a stock of merchandise to Biske, and prayed for judgment cancelling the sale of the merchandise and subjecting it to the plaintiff’s demand. The Beuthers filed no answer and judgment by default was rendered against them.

The defendant Biske answered by general denial, and by a special plea, averring that his codefendants were-…