McLeod v. McLeod

These are the pertinent facts:

The wife filed suit on February 26, 1968. Defendant was served with summons July 14, 1969. Defendant filed his appearance late, on August 18, 1969. (Supreme Court Rule 181 (a).) No copy of the appearance was ever served upon counsel for plaintiff. (Supreme Court Rule 104 (b).) No answer to the complaint was filed by defendant. On September 9, 1969, on motion of plaintiff and without notice to defendant, the court entered an order defaulting defendant for failure to appear or plead. On the same morning, plaintiff made proof ex parte. On September 16, 1969, the…