Chenoweth v. La Master

RUARK, Judge.

This is an appeal from an order setting aside a judgment previously rendered. The motion upon which the judgment was set aside was filed more than thirty days after entry of the judgment.

Plaintiff-appellant obtained a judgment against defendants LaMaster. Thereafter general execution was issued, and in aid of that execution the respondent Rangeline Truck and Implement Co., Inc., was summoned as garnishee. Interrogatories were filed, but the garnishee failed to answer. On October 12, 1959, and after proper lapse of time, appellant (the judgment creditor) took judgment by default.…