Regelmann v. South Shore Traction Co.

The defendant moves to set aside the judgment herein on the ground that it was irregular in that no notice of the application therefor was given. The order to show cause upon which the motion was brought on for hearing contains, no prayer for any other relief. The question is, therefore, one of law as to whether the defendant was entitled to notice of the application for this judgment.

The summons was served without the complaint, 'but was accompanied with an injunction granted upon an affidavit which indicated that the cause of action was to enjoin the construction by the defendant of its…