Hertzberg v. Elvidge

Defendant moves to vacate and set aside a judgment entered by plaintiff against him in Monroe county clerk’s office upon the 26th day of April, 1912.

The judgment in question appears to have been rendered on default and the judgment-roll contains the ordinary affidavit that the summons and complaint were personally served upon defendant upon the 4th day of April, 1912.

The motion is based upon defendant’s allegation that the statement of this affidavit is untrue and that the summons and .complaint, or either of them, was never, in fact, served upon him.

The matter was originally sent to a…