Schwantz v. Morris

As appears more particularly from the preceding statement of facts, five of the defendants, four heirs of William Schwantz, Sr., and Anna Schwantz, the widow and sole heir of William Schwantz, Jr., a deceased heir of William Schwantz, Sr., all joined in a motion to “vacate” a judgment entered four years prior upon their default of answer or appearance and satisfied of record by payment, and “to dismiss the action” on the ground of want of service of the summons and complaint on Anna Schwantz and on two of the heirs of William Schwantz. They prefaced their written notice of motion by a recital…