Smith v. Hamill

Plaintiff obtained a judgment by default against the defendant. Defendant’s motion to set aside the default and judg ment being denied, he appealed from the judgment. The sole question for consideration is whether the court had jurisdiction to enter the judgment complained of. Jurisdiction is challenged on several grounds, which will hereafter be separately considered.

The facts involved are these: The plaintiff’s complaint was filed on August 19, 1939. On the same day summons was issued; likewise on the same day plaintiff filed an undertaking on attachment and an affidavit for attachment, and…