Downer v. Mellen

The defendants in this case were nonresidents, and the service of the summons was by publication. Before the time for answering expired, the defendants appeared by attorney, and demanded a copy of the complaint, which the plaintiffs’ attorneys declined to serve. Subsequently, and after the time to answer had expired, on the theory of service by publication, but before the expiration of twenty days from the appearance by attorney, judgment for $20,346.14 was entered in favor of the plaintiffs by the clerk, without notice, and without any application to the court, under subdivision 3 of section…