Sanders v. Howard Park Co.

The question for decision is whether the motion to he relieved of a default is defeated by former final orders relative thereto.

On July 10, 1942, respondents commenced an action (case No. 478,480) to declare an abandonment and to quiet title under a lease executed on May 29, 1924, between respondent lessors and appellant’s assignors. No service of summons was made on appellant until February 11, 1944, pursuant to which the default of appellant was entered April 18, 1944, and on July 11,1944, judgment was entered quieting title in respondents. No appeal was taken.

September 2, 1947, appellant…