Goodrich

This action, according to the complaint and retoord evidence, is brought to recover the amount due upon a judgment obtained by plaintiffs on the 5th of March, 1855, in the Sixth ¡District Court of New Orleans, Louisiana, against “ A. P. Green, John McGehen and Seddall, Green & Co., m solido.” Defendant by his answer, among others, makes the following defenses: First—Nul tiel record. Second—He was not served with process in, and had no notice of the suit in which judgment was rendered; nor did he appear by attorney or otherwise in defense of the, same.

The petition of plaintiffs, as disclosed by the record, states that the firm of Siddall, Green & Co., was composed of A. P. Green & John McGeehee; the citation, (process for appearance,) was issued February 3d, 1855', and was served by the sheriff, as appears by his return, on “ defendants, through J. 0. Magee one of the firm, personally,” and defendants having made no appearance or answer, default and judgment was entered. There is some, inaccuracy in- the record that cannot well be explained. The service of the citation appears to have been made on J. 0. Magee, as one of the firm, the petition gives the name as John McGeehee, and…