Pettibone v. Shaffner

OPINION

By DRUCKER, J.

This case is now before the court upon a motion filed by the defendants for vacation of the judgment heretofore rendered in favor of the plaintiff. Four grounds are assigned in support of the defendants’ motion. These are—

1. That the plaintiff obtained a judgment upon a promissory note without proper notice to the defendants.

2. That the obligation evidenced by the note has been paid.

3. That there was no service of summons upon the defendants.

4. That the defendants have a valid defense to the action, to wit, payment in full.

Plaintiff’s judgment in this case was based upon…