Kulhavy v. Rugger

On June 15, 1949, plaintiff filed his petition at law against the defendant, a veterinarian, alleging damages in the sum of $891 based on the alleged negligence of defendant in vaccinating plaintiff’s hogs. Original notice was served on the defendant on June 16, 1949, and on July 12, 1949, the clerk entered default against defendant for lack of pleading or appearance. Thereafter, on July 16, 1949, plaintiff proved up his case in an ex parte hearing before the court and judgment was rendered as prayed. Three days later defendant filed his' motion to set aside the default and the judgment based…