Home Bank v. Becker

Invalidity of judgment.

On December 26, 1968, the appellant filed a motion with the trial court to have the cognovit judgment set aside because it was an invalid judgment. Counsel for appellant filed an affidavit in support of the motion stating the judgment was docketed August 23, 1967; that the court record contained no notice of entry of judgment ; and among other things set forth:

“6. That, upon information and belief, the first legal notice of any kind that judgment had been taken against her was at the time the Sheriff attempted to serve said execution of judgment;”

and

“8. That, upon…