Perkins v. Union Packing Co.

(after stating the case as above).

Those assignments are overruled which attack the fact findings of the trial court above stated. Such findings are supported by competent evidence.

Appellant presents the point that her pleas in abatement should have been sustained because plaintiff’s claim hac! not been reduced to judgment; all parties were nonresidents, and defendants had not been served with citation, and the principal defendants, H. L., William G., and Lee A. Perkins, had not entered their appearance in the cause.

Under the practice in this state a simple contract creditor may sue the debt-…