Hartman v. Roberts-Walby Enterprises, Inc.

Plaintiff’s complaint alleged that defendant Roberts-Walby Enterprises, Incorporated, a tavern owner, and its surety, United Bonding Insurance Company, were liable to the plaintiff under the dramshop act 1 because of illegal sales of intoxicating beverages by the tavern owner to plaintiff’s husband.

Both defendants were duly served with copies of the summons and complaint. The tavern owner answered but no answer or appearance was filed in behalf of the surety. A default judgment in the sum of $5,000 was entered against the surety. Thereafter it moved to set aside the judgment. That motion was…