Smak v. Gwozdik

This is an appeal from an order of the circuit judge granting defendants’ motion to set aside a default judgment. There was personal service on defendants of an alias summons June 13, 1933. No further proceedings were had in this suit until November 20, 1933, when defendants’ default for nonappearance was entered. On the following day plaintiff filed his declaration. Testimony was taken and judgment for $800 was entered for plaintiff November 25,1933. Approximately 6 years later this motion to set aside the judgment was made, heard, and guanted.

Notwithstanding defendants deny service of the…