Marthaler MacHine & Engineering Co. v. Meyers

Olsen, C.

Plaintiff appeals from an order vacating a judgment in its favor.

Defendant moved to set aside the judgment on the ground that it is “absolutely void, and for such other relief as may be just with costs.” He accompanied his notice of motion with and based the motion upon his own affidavit and a proposed answer. In the affidavit he denied that any summons in the action was ever served upon him and set forth matters in defense of the action.

1. The court, by its order, does not vacate the judgment on jurisdictional grounds or because of any failure to serve the summons upon defendant,…