Wendel v. Wendel

This is an appeal from an order vacating a default judgment. The judgment was rendered in favor of the appellant against respondent on March 6, 1930. Personal service of summons was made upon respondent by the sheriff of Minnehaha county on February 1, 1930. Respondent made no answer or other appearance in the action, and a default judgment was rendered and entered. On March 12, 1930, execution was issued to enforce the judgment, after which respondent obtained an order to show cause why said default judgment should not be vacated. The order to show cause was based upon a proposed answer,…