Ellison v. Hollywood Credit Clothing Co.

QUINN, Associate Judge.

The question to be decided on this appeal is whether a default judgment should have been set aside by the trial court. Hollywood Credit Clothing Company, Inc., sued appellant and his wife for the balance due on an unpaid account. Service was had on appellant but not on his wife and after he failed to appear, default judgment was entered against him on November 19, 1953. The following month an attachment was issued and certain credits were seized in the hands of appellant’s employer.

On December 7, 1953, appellant and his wife (now deceased) sought relief through the…