Holloway Material & Supply Co. v. Hammond

This is an appeal from a judgment of the common pleas court of Tulsa county. The parties occupy the same position here as in the court below and will be referred to as plaintiff and defendants, respectively.

July 23, 1932, plaintiff sued defendants in the justice of the peace court on an open account in the sum of $129.12. In both the bill of particulars and summons they were designated R. L. Hammond and Mrs. R. L. Hammond. July 30, 1932, a default judgment was issued against defendants designated. September 7, 1932, an execution issued upon this judgment and was returned “nothing found.”

In…