Headings v. Gavette

Plaintiff commenced an action against the defendant by the service of a summons without a complaint. Within 20 days thereafter, the defendant gave the same to his attorney, and directed him “to look after the matter for him.” On the same day, plaintiff’s attorney was told by the attorney so employed by the defendant that he would appear in the action; but the notice of appearance was not served in time, and judgment was obtained against the defendant on default. Defendant served a notice of motion for an order “that the judgment herein be vacated, and the findings on which it was entered set…