Hunt v. Swenson

Plaintiff has appealed from an order vacating a default judgment and permitting the defendant to answer. The action was brought to recover $747 and interest, the balance of an account alleged to be due to plaintiff from defendant for plaintiff’s services as a physician. The summons was served on the defendants personally in September, 1905. Judgment by default was entered November 28, 1905, more than 60 days after the service of the summons. The proceedings were regular in all respects. On December 6, 1905, an execution was issued on the judgment, and levied on defendants’ property. A month…