Harper v. Catherton

HOOD, Chief Judge:

This appeal is from an order vacating a default judgment. While ordinarily such an order is not appealable, appellant contends that the present order is appealable because it was entered after the time within which the court had the power to act.1 Appellee contends the judgment was void for lack of jurisdiction and therefore subject to being set aside at any time.

Service was purported to have been made under our Motor Safety Responsibility Act which authorizes substituted service on a nonresident motorist by service upon the Director of Motor Vehicles, provided that notice…