Associates Discount v. Barstow

On March 15, 1955, plaintiff recovered a judgment against the defendant in the sum of $645 on a warrant of attorney contained in a note and without summons or notice to the defendant. Various proceedings were had on said judgment until the plaintiff’s aid in execution, filed November 12, 1963. On December 19, 1963, the defendant, in the same case, filed his petition to vacate judgment and obtained service of summons therefor on the plaintiff company. In this opinion the parties will be referred to as they appeared in the original case.

*74Defendant’s petition to vacate recites the judgment and…