Neu v. Rogge

The opinion of the court was delivered by

Kalisch, J.

The respondent, plaintiff below, sued the appellant, defendant below, to recover a deficiency of $17,989.10, on defendant’s bond after a foreclosure of the mortgage which was given to secure the bond.

The foreclosure sale took place on February 11th, 1913.

On the 15th of July, 1913, the summons was issued and on the 25th day of July, 1913, the summons and complaint were served personally upon the defendant, the complaint bearing the statutory endorsement of the ten days’ notice, and requiring an affidavit of merits, &c.

■The 'defendant having…