Foster v. Talbot

This suit was commenced by summons, issued November 14, 1930, with February 13, 1930, as return day, stating damages not to exceed $25,000. Service was made November 18, 1930. Defendant did not appear, and judgment- by default was taken 'for $43,599.81, on January 24, 1931. August 28, 1931, .defendant filed a motion to set aside the default and judgment alleging that, when the summons was served, the deputy sheriff, making the service, called attention to the fact that, while the summons was issued in November, it required service on or before the previous February, and the defendants need…