Anderson v. Toledo Scale Co.

The opinion of the Court was delivered by

Mr. Justice Bonham.

Appellant moved in the county Court for Richland County to set aside a judgment in favor of respondent, which was obtained, by default, in that Court the 6th day of April, 1938. The motion to vacate and set aside the judgment was predicated on the allegations: That judgment was obtained through surprise and excusable neglect and inadvertence, in that the summons only was served upon defendants; that they expected a complaint to be served and no complaint was actually served; that they were not familiar with the practice in this State…