Basch v. Saftler

This is a motion to vacate a judgment in the sum of $1,804.04, which was entered in this court on March 27, 1939, in favor of the plaintiff and against the defendant.

*1052The defendant asserts that he interposed a notice of appearance in this action in due time and that therefore the entry of judgment without notice to him was unauthorized. Judgment was entered upon an affidavit of an attorney in the office of the then- attorneys for the plaintiff which contained a recital that “ the time for the defendant to appear or answer herein has expired and that said defendant has not appeared or answered…