Household Finance Corporation v. Avery

HOGAN, Judge.

Plaintiff filed this action in equity to correct a default judgment obtained in the Magistrate Court of Pulaski County. Defendants filed a motion to dismiss the petition upon the ground that it failed to state a claim upon which relief could be granted. The trial court granted the motion and the plaintiff has appealed.

Alleging its corporate existence and its authority to do business in this state, plaintiff set up in its petition that defendants had executed and delivered to plaintiff a promissory note, by the terms of which defendants promised to pay to plaintiff the sum of…