First State Bank of Strasburg v. Schmaltz

ChRistxaNSON, Ch. J.

This is an appeal from an order denying a motion on the part of the defendant Katherina Schmaltz to vacate and set aside a judgment which was entered against her by default in the above entitled action on the 27th day of April, 1925. The motion was based upon the ground that no service of the summons in the action was made upon her; that the sheriff’s return showing such service was and is untrue, and that the district conrt never acquired jurisdiction over the person of the defendant Katherina Schmaltz.

The motion to vacate the judgment was supported by the affidavits of…