Pedersen v. Thorn

While several interesting propositions appear in this appeal, the decision must turn upon the vital question of whether appellant was in default at the time default and judgment were rendered against him.

From the record we learn plaintiffs’ original petition at law for an account was filed January 16, 1964, and that due notice upon defendant was had January 17, 1964. Pursuant to his appearance on February 5 defendant filed a motion to dismiss, to strike, and for more specific statement, on February 11. This motion has never been ruled upon by the court. However, on June 16, 1964, plaintiffs…