Alderman v. Jacobs

VALLÉE, J.

Appeal by plaintiff from an order granting a motion to vacate a default and a default judgment.

The complaint for damages for an alleged assault and battery was filed and summons issued on February 5, 1953. The complaint was not verified. The complaint, summons, and a notice to take defendant’s deposition were served on defendant on April 5, 1953. The notice set April 15, 1953, as the date for the taking of the deposition. On June 10, 1953, the summons was filed with the clerk together with a request by plaintiff for the entry of defendant’s default. His default was entered on June…