Skaer v. Capsey

The opinion of the court was delivered by

Hutchison, J:

This is an appeal by plaintiff from an order of the district court setting aside a judgment that had been rendered by default in the same cause against the defendant, G. E. Capsey, about nine months earlier, on the ground that it was void. The action was upon a note, and personal service was had upon all four of the defendants. A copy of the note was attached to the petition as an exhibit. Capsey’s name appeared only once on the note, and that was on the back thereof, just above the name of the payee as it appeared on the face of the note.

T…