Barra v. People

This was an ordinary civil action to recover upon a forfeited recognizance resulting in judgment by default against the defendant. After the entry of judgment defendant filed the following motion:

“Defendant * * * asks that the default and judgment herein he set aside and that he be allowed to file the answer herewith tendered because:

“1. The answer shows that he has a complete, perfect and meritorious defense.

“2. There was no authority in law to issue the summons upon service of which the default was predicated as appears from said answer.

“3. Defendant’s neglect to plead herein was because of…