Kirby v. Hoeh

This is an equity action to set aside a judgment by default entered in the district court of Toole county on July 24, 1931.

It is necessary to have in mind a series of cases which constituted the litigation out of which this action proceeds. On June 15, 1929, one C. IT. Withers, then a copartner of respondent Kirby, instituted an action in claim and delivery to recover from one Arthur Hoeh, appellant herein, certain personal property consisting of a drilling machine, boiler and equipment. In connection with the action an undertaking was furnished by plaintiff therein, upon which respondents G.…