Urbana College v. Conway

The defendant soldier appeals from the denial of his motion to vacate a default judgment, which the plaintiff college obtained more than three years earlier. He complains that the court abused its discretion by denying that motion without an evidentiary hearing. We disagree and affirm the trial court’s order.

I

The college filed this action to recover allegedly unpaid tuition fees for extension courses taken by the serviceman. The clerk served the defendant by certified mail at an Arizona address listed on the complaint. Thirty-eight days after someone there signed the postal receipt, the…