Edward Hines Lumber Co. v. Smith

Defendant, H. C. Smith, filed in the trial court a petition to vacate a default judgment which had been entered against him for $725.09 and to quash service of summons. Defendant’s petition to vacate the default judgment alleged that he was never served with summons and sets up the defense that he was never indebted to the plaintiff in any amount. After a hearing before the court, without a jury, an order was entered denying the petition to vacate the judgment and quash service of summons. From this order defendant appeals.

Defendant contends that the default judgment entered against him is…