Allen v. Trivett

HOOD, Associate Judge.

Appellant was sued by a tenant for double the amount of rent alleged to have been paid in' excess of the legal rent ceiling. The complaint asked judgment for $550 plus reasonable attorney’s fees and costs. Although personally served appellant made no appearance and judgment by default was taken for the amount claimed plus attorney’s fee of five per cent and costs. More than three months thereafter appellant moved to vacate the judgment. This appeal is from a denial of that motion.

The first point raised here (and it was not raised below) is that the judgment was void. The…