Mabion v. Olds

Plaintiffs appeal from an order vacating a default judgment entered against defendant pursuant to a complaint for damages arising out of an automobile accident.

The facts are not in dispute. On December 2, 1963, plaintiffs filed a complaint against the driver and owner (defendant in this appeal) of an automobile alleging personal injuries and praying for damages. The original summons was returned January 16, 1964, indicating that both the driver and defendant were not found. Alias Summons were issued and returned February 3, 1964. The return as to the instant defendant states:

“I certify that I…