North American Acceptance Corp. v. Samuels

MALLARD, Chief Judge.

Neither appellant nor appellee filed brief within the time prescribed by the rules. However, both have filed briefs and we therefore consider the case.

The parties stipulated that “for purposes of this record of appeal it shall not be necessary to set out the Summons.” The certificate of service of the summons and complaint is not in the record. However, in the “Entry of Default Judgment” and in defendant’s brief, it is asserted that the summons and complaint were served on the defendant on 15 October 1970. We assume, therefore, that the summons and complaint were lawfully…