Kozak v. Ashbridge

This is an appeal from the order of the district court vacating and setting aside a default judgment. The summons and complaint were served upon the defendant on February 2, 1928. Defendant failed to appear and judgment by default was taken on March 10. Three days, afterwards an execution was issued. On March 16 the defendant submitted an answer to the counsel for the plaintiff and asked him to admit service thereon which request was refused. Counsel for plaintiff claims that this proposed answer was dated March 15, 1928 and is tlie same answer as was tendered by the plaintiff on the…