Preston v. Wyoming Pacific Oil Co.

By this suit in equity, plaintiff seeks to set aside a default judgment in the amount of $6,185,000 which defendant recovered against him in a former action. On July 7, 1960, the trial court sustained a demurrer to plaintiff’s second amended complaint without leave to amend, and on July 21, 1960, entered the judgment of dismissal from which plaintiff takes this appeal.

The complaint in the former action was filed December 15, 1952, and on February 3, 1955, copies of the summons and complaint were personally served on Preston, the plaintiff and appellant herein. He failed to appear within the…