Duke v. Central State Bank

The opinion of the court was delivered by

Hopkins, J.:

The action was one to enjoin the levy of an execution. Defendant prevailed and plaintiffs appeal.

On February 27, 1922, the defendant brought an action in the district court of Reno county against G. B. Duke, G. B. Raymond and H. W. Martin, upon a promissory note. The sheriff’s return showed resident service on H. W. Martin and personal service upon G. B. Duke and G. B. Raymond March 4,1922. On June 30 following judgment by default was taken against all defendants. On September 29, 1924, execution was issued and levy made upon certain real…