Leroy Arnold, Inc. v. Mackey

This is a motion to vacate and set aside a judgment recovered by the plaintiff against the defendant upon his default in appearing or pleading, on filing proof of service of a summons and notice and proof of the defendant’s non-appearance, without application to the court. It is conceded that there was no complaint ever filed with or presented to the clerk upon entry of judgment.

The defendant contends that the only authority for the entry of a default judgment without application to the court is found in section 485 of the Civil Practice Act, and that the question as to whether or not the…