Washington v. Clayter

The defendant, Richard Clayter, motioned the trial court to vacate a default judgment entered against him. He contended that the default order of the trial court was void because he had not received proper service of summons. On this theory, all actions of the court subsequent to the improper service were also void. Further, he claimed that he did not receive notice of the ensuing court proceedings and, accordingly, was not represented at either the default or the damage assessment hearings. He also argued that plaintiff’s delay in executing on the default judgment should have warranted the…