Struchynski v. Decker

STRUTZ, Chief Justice.

This action was commenced in the county court of increased jurisdiction of Stark County by service of a summons and complaint upon the defendant on May 18, 1971. It was brought to recover wages claimed to be due for overtime from the defendant, who operated a cafe in Belfield, North Dakota. When the plaintiff did not receive an answer from the defendant within the twenty days as required by the summons, a default judgment was entered on June 11, 1971.

Shortly thereafter, the defendant discovered that judgment had been entered, and on June 14, 1971, he served motion and…