Gray v. Dillon

BERNSTEIN, Justice.

Harland J. Gray, plaintiff below and appellant here, filed a civil action against Dale L. Dillon, Sr., defendant below and appellee here, in Maricopa County Superior Court. Dillon was personally served with process on May 26, 1961. On June 19, 1961, Gray’s attorney filed an affidavit of Default and Non-Military Service, and a default was filed by the clerk on the same date. A default judgment and decree was signed in the lower court after a hearing on June 22, 1961.

Dillon was in fact on active duty with the Arizona Air National Guard. He could, however, secure leave at…