State Ex Rel. Beede v. Funck

Stone, Justice.

This matter is here on our alternative writ of prohibition staying further proceedings pending below.

The action seeks recovery of the balance due on a conditional sale contract. It was begun August 7, 1939. For default of answer, judgment was entered against defendant. But, upon order to show cause, that judgment ivas set aside for lack of jurisdiction. Later, on motion and order, October 9, 1939, the summons and complaint were set aside and the action dismissed. The proof of service averred personal service, and defendant showed that he had never been personally served.

Such…