Garrett Biblical Institute v. Minard

The opinion of the court was delivered by

Benson, J.:

This was an action in ejectment, brought by Henry C. Minard against the Garrett Biblical Institute, an educational institution incorporated in Illinois, and Eobert Fowler, its tenant. The service upon the institute was by publication. A j udgment was rendered for the plaintiff by default in June, 1906. In the following September the institute filed its motion to open the judgment and for leave to defend. This motion, after a hearing upon affidavits, was denied, and *471the institute presents the case here for a review of this order.

It appears…