Ball Brothers

WHITFIELD, J. -- On March 23rd, 1916, Holland, by counsel, filed a praecipe for summons against Wesley Ball and George Ball, Jr., individually and as partners as Ball Brothers, and against W. O. Butler, Jr., returnable to the rule day of April. Service was made March 24th on Wesley Ball and George Ball, Jr. On April 3rd an appearance was entered for Ball Brothers. On August 5th a declaration containing common counts in assumpsit was filed wherein Wesley Ball and George Ball, Jr., individually and as partners were made defendants. On September 4th a default judgment for failure to plead was entered by the clerk against Wesley Ball and George Ball as partners and as individuals. At a term of court subsequently held, the amount due was ascertained by a jury and judgment rendered therefor. Defendants moved in arrest of judgment on the following grounds: