Standard Oil Co. v. King

Christianson, Justice.

Plaintiff appeals from an order of the municipal court of Duluth' which vacated a default judgment in plaintiff’s favor for $77.35 and permitted defendant to answer the complaint.

The summons and complaint were served on defendant on October 31, 1951. The default judgment was entered on February 13, 1952, and defendant was served with a copy of the judgment the following day. Thereafter he retained an attorney and on February 20, 1952, moved to vacate the default judgment. 2

In his affidavit in support of his motion, defendant states that on receipt of the summons and…