Rardin Logging Co. v. Bullok

Defendant Barker appeals from an order denying his motion to. set aside default judgment entered against him. The motion was based upon the ground that the judgment was void because the complaint had been amended before the entry of his default by the clerk and the subsequent rendition of the default judgment by the court and that the complaint as amended had not been served upon him.

The complaint was filed on July 17, 1950, and the return of service shows that the complaint and summons were served on appellant the same day. Appellant at no time filed any pleading.

It is shown by affidavit…