Hirsch v. DePuy

The matter is before us on motion attempted to be made on behalf of the defendant to set aside the summons and the service thereof and incidentally to set aside the judgment entered by default in the cause as well as the execution or executions and any steps taken thereunder. The summons in the cause was served, with complaint, upon the defendant May 9th, 1931, and judgment by default was entered on June 4th, 1931, for $348.56 damages and costs. On June 5th, 1931, the original execution was issued and returned unsatisfied, and on December 28th, 1932, an alias execution was issued and a levy…