Murtha v. Olson

Thomas Gallagher, Justice.

This is an appeal from an order denying defendant’s motion to vacate a default judgment against him entered on February 14, 1945, on the ground that service of summons in the action was never made upon him. The action was for cancellation of a farm lease on certain land in Martin county wherein plaintiff was the lessor and defendant the lessee. The judgment referred to gave plaintiff the relief sought.

At the hearing on the motion, affidavits and oral testimony were presented. The sheriff’s return of service certified that on January 20, 1945, he served the summons…