Hayes v. Taylor

Appellant brought suit upon a sworn account against appellee for a balance due upon the purchase of a truck. The suit was filed September 3, 1949. Summons was served upon the defendant the following day, returnable to a term of the Circuit Court of Perry County, beginning September 12th. There was no answer or other plea filed by the defendant. On September 13th a judgment was taken for the amount sued for.

There was no other action taken at that term. On March 21, 1950, the defendant filed his motion to set aside the judgment. The order thereon was based upon the assigned ground that the…