Dant v. Progress Paint Manufacturing Co.

BIRD, Judge.

Appellee filed this action against Paul Dant to recover the unpaid balance of a foreign judgment. Dant, as his sole defense, asserted that the judgment sought to be collected was void for want of personal service. Appellee filed a motion for summary judgment together with supporting affidavits and Dant filed counter affidavits. On February 17, 1955, the court upon hearing the motion for summary judgment ordered that the supporting affidavits be considered as supplemental pleadings and further ordered that the proof bé taken by and submitted on depositions. It was Dant’s burden to…