Summerour v. Medlin

Olay Summerour brought an action against J. U. Burkhart and L. E. Medlin, of Gordon county, and B. J. Robertson, of Walker county. Process issued against all three defendants, but only Medlin was served with process. “After the case had been sounded and a jury stricken, counsel for plaintiff moved the court to direct a verdict for the plaintiff against the defendant for the full amount sued for, on the ground that said case was in default.” The court overruled this motion, and the plaintiff excepted. The plaintiff then testified in his own behalf and “rested his case.” Counsel for the…