Culley

The defendant Cochran in his official capacity as constable sold certain hay under an attachment, and the plaintiff brought this action against him, claiming to be the owner of said hay and seeking damages for its wrongful conversion. Cochran filed an answer, denying all of the allegations of the complaint. Thereafter he served and filed the following notice;

Thereafter, the said Edgar Ross filed the following:

When the action came on for trial, neither the defendant Cochran nor Ross was represented by counsel. At the outset of the trial Ross asked to see an instrument being offered in evidence by plaintiff’s attorney, and objected to a question asked by this attorney. Whereupon, plaintiff’s counsel stated: “At this time I make the objection that Hr. Ross has no right to appear in this action except as to any issues raised by his complaint in intervention.” The court sustained this objection. Thereupon, Ross asked the court to clearly define his rights in the action. After some argument in reference to his rights, the following occurred:

Ross having been thus excluded from participation in the defense, the trial proceeded with Cochran attempting to conduct the defense. The…