Thyne v. Beggs

A default judgment was entered against the defendant, an uninsured motorist. The Secretary of State intervened, and his motion to set aside the default judgment was denied following a hearing. The Secretary appeals. Without affecting its validity as to defendant Beggs, we hold that the default judgment is a nullity as to the Secretary of State.

Plaintiff and defendant were involved in an automobile accident on July 28, 1973. A notice of intent to claim was received by the Motor Vehicle Accident Claim Fund on December 17, 1973. A summons and complaint was issued on February 19, 1974, and copies…