Smak v. Gwozdik

This is an application for review, in the nature of mandamus, of an order entered hy Judge Moll in the circuit court for the county of Wayne, vacating’ a default judgment entered on November 25, 1933.

The facts are brief and no dispute exists in regard thereto. A suit was started hy summons against defendants on February 2, 1933. An alias summons was served on June 13, 1933, and proof of service filed June 17,1933. On November 20,1933, an order of default for failure of defendants to appear was filed. On the following day, plaintiff filed his declaration, and on November 25, 1933, a default…