Biensteadt v. Clinton Circuit Judge

Declaration was personally served on defendant and his default entered-March 29, 1905. Judgment for plaintiff followed. Motion to set aside judgment and default and for an order restraining proceedings to collect said judgment was presented to the court, and an order staying proceedings made and the motion and accompanying papers filed with the clerk September 30, 1905. The notice of hearing said motion was served on opposing counsel October 2d. On hearing, judgment and default were-set aside. On the application of relator, plaintiff in said action, the writ of mandamus is issued to set aside…