Phillips v. Boyd

OPINION

By CARTER, J.

This cause is before this court on appeal on questions of law. The parties will throughout this opinion be designated as plaintiffs and defendant.

This is rather a novel case. After plaintiffs had been sued and served with summons twice, first in the original action in 1927 wherein a default judgment was obtained by defendant against plaintiffs, and again in 1930 w'hen an action was instituted by the defendant against the plaintiffs to marshall liens cased on the judgment recovered by defendant in 1927 and a finding again made by the court in favor of defendant and certain…