Opp v. Matzke

VANDE WALLE, Chief Justice.

[¶ 1] Ruby and Daniel Hoger, the defendants, appealed from the trial court’s grant of summary judgment in favor of the plaintiff, George Opp, d/b/a Opp Well Drilling & Supplies, (Opp). The trial court found Ethel and Kenneth Matzke, co-defendants, and Ruby Hoger jointly liable for the cost of drilling a water well. The trial court found Daniel Hoger was never properly served, and denied Opp’s summary judgment motion against Daniel. Opp cross appealed, claiming the trial court had jurisdiction over Daniel, based on his co-tenancy with Ruby, and, thus, Daniel was also…