The pleadings are proper and the issues joined. "The complaint is dismissed as to the fictitious defendants. "This is a complaint for money (common counts). The pretrial conference order filed February 16, 1959, provides in pertinent part as follows: The answer consisted of general and special denials to each and every allegation of plaintiff's complaint.Ī default judgment was entered against Begs Oil Tool Rental, Inc., on February 3, 1959. Robert Leebrick and Richard Leebrick, individually and doing business as Leebrick & Fisher, Inc. The defendants, Robert Leebrick, Richard Leebrick and Gene Hancock, individually and doing business as Begs Oil Tool Rental, Inc.
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Plaintiff alleged some 10 separate and distinct causes of action against "Defendants and Each of Them." This court, pursuant to the Rules on Appeal, has ordered to this court the original superior court file and proceedings. Begs Oil Tool Rental, Inc., Leebrick & Fisher, Inc.," and naming as other defendants Does I through IV.
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Robert Leebrick and Richard Leebrick, individually, and doing business as Leebrick & Fisher, Inc. On March 20, 1958, plaintiff filed a complaint wherein common counts were pleaded against the following defendants: "Robert Leebrick, Richard Leebrick, and Gene Hancock, individually, and doing business as Begs Oil Tool Rental, Inc. This is an appeal from the judgment entered against plaintiff as to all defendants except the Begs Oil Tool Rental, Inc. WINCAR WELDERS (a Partnership), Appellant, v.