Chittenden & Eastman Co. v. Sell

This is an appeal from the order of the district court vacating a judgment taken by default and permitting the defendants to answer.

The summons is in the usual form with the exception that it required the defendants “to serve a copy of your answer upon the subscriber within twenty days after the service of this summons upon you exclusive of the date of service,” instead of requiring service within thirty days as prescribed by § 7422 of the Compiled Laws.

The complaint sets forth a cause of action in favor of the plaintiffs and shows the plaintiff to be a foreign corporation, organized under…