Huntington Cab Co. v. American Fidelity & Casualty Co.

WATKINS, District Judge.

Plaintiff instituted this action on August 8, 1944, against the defendant, a foreign corporation. Service of process and complaint was made upon the state auditor, appointed by defendant pursuant to law to accept process for such corporation. The defendant failed to answer or otherwise plead, and on August 30 the clerk made an entry of default, and, at the request of plaintiff, entered a default judgment against defendant on September 20 for $3,013.73 plus interest and costs. On October 9, a later day of the same term of court, the defendant appeared specially and…