Gunvordahl v. Knight

The defendant, First Dakota National Bank, seeks to set aside a judgment taken against it by de fault. The trial court refused to set the judgment aside and the bank has appealed.

We believe the judgment should be set aside. The affidavits of the parties disclose certain facts which, in our opinion, are decisive. On May 1, 1950, the defendant bank was served with a garnishment process in the action. On May 16, 1950, it was served with the summons and complaint in the principal action. The affidavit on behalf of the bank sets forth “* * * that affiant, in good faith, believed the summons and…