Reigelsberger v. Stapp

— Appellant moved to, set aside a default entered against him, upon the ground that the service of summons was not sufficient to drive him to answer. He places his case upon this ground alone, and does not claim that he had any defence to the action.

If there was no legal service of process then this appeal must be sustained, otherwise not. Houk v. Barthold, 73 Ind. 21. The complaint was filed on the third day of January, 1881, and was thus endorsed: “ The clerk will issue summons in this cause for the defendant to appear January 15th, 1883, the same being the 25th judicial day of the December…