Groves v. Peterson

Opinion

VOGEL (C. S.), P. J.

Introduction

Appellant Edward D. Groves (Groves) filed the present independent action in equity to vacate a prior default and default judgment against him, on the ground the prior judgment is void because he was not validly served with the summons and complaint. The trial court sustained, without leave to amend, a demurrer to Groves’s complaint, on the ground it is barred by collateral estoppel because appellant’s prior motion in the underlying case to set aside the default and default judgment on the same ground had been denied. We reverse, because a long line of…