Martens v. Fernandez

This action is brought in the County Court to recover a judgment for labor and materials allegedly furnished by the plaintiff to the defendant. The summons and complaint were served personally upon the defendants in this county. The defendants did not appear, and judgment was entered by default. The defendants now move to vacate the judgment and to dismiss the complaint, claiming that the court never attained jurisdiction of the cause.

The complaint contains no allegation as to the residence of the defendants, either that they are or are not residents of the county. The plaintiff has, however,…