Kelley v. Chavis

The bill in this case shows that complainant not only had knowledge of the default judgment against him within thirty days after its rendition, but made his motion in court to vacate it because the summons and complaint was not served on him, and such motion was made on the 22d day after the date of the judgment.

It was not the duty of the clerk to call the motion to the attention of the judge, but such duty is upon the movant. It is an absolute duty, and the failure to cause him to act on or continue it terminates the power of the court to act upon the motion. Code, § 8670; Dulin v. Johnson,…