Blehm v. Hanzek

The bill was filed to vacate a judgment for $115 and costs of $14.30, rendered against plaintiff in justice’s court, and for injunction to restrain enforcement of the judgment in any manner. Plaintiff had decree.

A 10-day summons was issued and return of personal service made. However, a recital appears in the justice’s docket, as of the return day, that “defendant not appearing it was found that the summons had been left with defendant’s wife. ’ ’ Thereupon a new summons, returnable in five days, was issued. It was personally served’ and, on the return day, defendant not appearing, judgment…