Siewert v. O'Brien

Peterson, Justice.

The action is on a judgment entered by default on December 28, 1925, in which plaintiffs recovered $1,154.29 against the defendant and lier husband. The husband had the judgment discharged as to him in bankruptcy. He died before the commencement of this action. The judgment roll contained a proof of service by an affidavit in regular form, by a person, not an officer, that he served the summons upon defendant personally. Defendant claims that the summons was never served on her, that the affidavit of service is false, and that the purported affidavit is in fact no affidavit…