Bunnell v. Holmes

Opinion by

Mr. Justice Allen:

ON March 5, 1915, Holmes and McGinnis, plaintiffs below, commenced an action against Bunnell, defendant below, to quiet title to certain real estate. Bunnell was a non-resident, and service was had upon him by publication. The last publication of summons was upon May 27, 1915.

The default of the defendant was entered on October 16, 1915, which was over three months after it could have been entered. On the same day a hearing was had, and judgment given for plaintiffs.

On November 1, 1915, the defendant filed a motion to set aside the default judgment. On April 27,…