Parton v. Iven

BERRY, Justice.

In this action plaintiffs in error, Curtis M. Parton and Curtis M. Parton, Jr., co-*211partners dba Parton & Parton, hereafter referred to as “plaintiffs”, sought to recover a money judgment against the defendant in error, Glen Marlow, hereafter referred to as “defendant”.

On January 22, 1959, which was the date this action was filed, a summons was issued. The summons was served on defendant the following day. The summons was not served on Scott Iven who was named as the other party defendant in the petition and summons. Scott Iven is not a party to this appeal. The summons was…