Davis v. Hubbard

Appeal from an order setting aside default and vacating judgment in favor of the plaintiffs and against the defendant John C. Lane.

Complaint herein was filed in the district court on July 24, 1946, and summons issued the same day. Return of the sheriff of Gallatin county shows service of summons together with a copy of the complaint on the defendant Lane on August 7, 1946. On August 28, 1946, praecipe for default of the defendant Lane was filed and the default of said defendant was entered. Thereafter, on September 9, 1946, default judgment was given and entered in favor of plaintiffs and…