Wheaton Flour Mills Co. v. Welch

The defendant appeals from an order denying his application • to open a default and permit him to defend.

The action is to cancel a mortgage of $3,500 held by defendant upon plaintiff’s land in Traverse county, this state. On August 3, 1912, defendant was a resident of the city of New York. On that day, the complaint and the affidavit prescribed for service of the *397summons by publication were filed. Tbe latter shows that at the same time a copy of the summons was mailed to defendant. No other papers in the action appear to have been filed until September 20, 1912. Defendant expected the suit,…