McWhirter v. Donaldson

Tbis action was begun in tbe district court of Salt Labe County to recover for money bad and received. Tbe complaint was filed October 18, 1906, and’ on November 19,' 1906, summons was served on defendant James Donaldson. Tbe other defendants were not served witb process, nor did they appear in tbe action. On October 2, 1907, nearly a year after tbe service of summons, judgment by default was rendered in favor of plaintiff and against defendant Donaldson for tbe sum of $1353.38. On October 12, 1907, Donaldson moved tbe court to set aside tbe default and vacate tbe judgment, and permit him to…