Guzman v. Montgomery Ward & Co.

MOLLOY, Chief Judge.

The appealing plaintiff in this action sued “Montgomery Ward and Company, a retail store,” and obtained a personal injury judgment by default in the sum of $110,000. Three days after the default judgment was taken, Montgomery Ward and Company, Incorporated, a corporation, moved to quash service of process, and, in the alternative, to set aside default and default judgment for excusable neglect. The motion to quash service was granted and this appeal followed.

One defense of the order entered in the trial court is that, because of the erroneous designation of the corporate…