McMahon v. Pequot Rural Telephone Co.

Defendant appeals from an order denying its motion for an order vacating a default judgment and permitting the filing of a proposed answer.

The action was one to recover for personal injuries which plaintiff claimed to have suffered in the city of St. Paul on December 31, 1930, when struck by a truck belonging to defendant driven by one of its employes.

The action was commenced on January 13, 1931, by proper personal service of a summons and complaint at Pequot, Minnesota, upon one Arvig, the managing officer of defendant. No answer was interposed. Four months later, on May 16, 1931,…