Abelson v. Steffke Freight Co.

Mr. Presiding Justice Niemeyer

delivered the opinion of the court.

Defendant appeals from an order overruling and denying its motion to vacate a default judgment and to dismiss the garnishment proceeding instituted on the judgment.

Plaintiff brought suit alleging the wrongful delivery of a shipment of merchandise by defendant, a motor-freight carrier, without collecting a sight draft for $1,492. Service was had on defendant, as shown by the sworn return of the bailiff of the court, “by leaving a copy thereof . . . with John Doe-Agent who refused to give true name of said defendant found in the…