Grizzard v. Matthew Chevrolet

HOFFMAN, JUSTICE.

On July 17, 1961, the plaintiff filed a complaint against the defendant corporation for damages, alleging that an automobile which he had recently purchased from defendant was defective. On July 19,1961 summons was served upon the defendant by the sheriff. The defendant failed to file any answer or otherwise plead to the complaint and on August 21, 1961 an order of default was entered and judgment assessed against defendant in the sum of $3,027.38.

On January 17, 1962, nearly 5 months after the judgment was entered, the defendant filed a petition to set aside and vacate said…