Keehner v. Burchnell

Opinion of the Court by

Judge Siler

— Affirming.

Judgment having been rendered overruling the motion of Frank Keehner, appellant, to vacate a previously entered default judgment in favor of Sergeant Harold Burchnell, appellee, the former now prosecutes this appeal.

Appellant contends that the judgment overruling his motion is reversibly erroneous (1) because he proved that he was never served with summons in the original action and (2) because he proved that the original action lay. “stale” on the court’s docket for more than two years prior to the entry of the default judgment, under which…