Supreme Court of Minnesota May 29, 1925, No. 24,653. (Sweeney v. Abbey)

Taylor, C.

Appeal from an order striking defendant Abbey’s answer as sbam and directing judgment for plaintiffs. No service was made on tbe

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other defendant, alleged to he a surety, and the term defendant when used herein will designate defendant Abbey only.

The complaint alleges, in subdivision 2, that in 1919:

“Plaintiffs shipped to said defendant L. M.