Overson v. Martin

HENRY S. STEVENS, Superior Court Judge.

The appellant filed suit against the appellees and procured the entry of their default. Judgment was not entered. The appellees moved to set aside the default. The court entered an order granting the motion. This appeal is from that order.

Mr. and Mrs. Martin, the appellees and defendants in the trial court, left Phoenix with their son in June of 1959. They went to Utah from whence Mr. and Mrs. Martin returned in “late October.” Their son, who was less than 21 years of age, preceded them to Phoenix. The suit against the Martins was served on the son at…