Dades v. Central Mutual Auto Insurance

Plaintiff on default for nonappearance took judgment against defendant for $923.50. Within six months after entry of judgment defendant entered its appearance specially and moved to vacate the judgment and set aside the default. From the order of the circuit judge denying the motion, defendant has perfected this appeal in the nature of mandamus.

In part, defendant’s motion to vacate the judgment and set aside the default is based upon the failure of the officer serving process to show by his return that service was upon the defendant, the Central Mutual Auto Insurance Company, and that instead…