Orchard v. Peake

The opinion of the court was delivered by

Johnston, O. J. :

George' Peake, as receiver of the' Siegel-Sanders Live-stock Commission Company, recovered a judgment by default against Henry Orchard for $590. Within a short time, and at an adjourned-term, Orchard filed a motion asking vacation of the-*511judgment, alleging as grounds that no summons had been served on him, that he had no notice of the pendency of the action, and knew nothing of it until after the rendition of the judgment. There was added to the application the statement that he had a good defense to the action, and a request that he…