Beery v. Peterson

This is an appeal from an order of the county court of Cass county denying the defendant’s motion to vacate a default judgment and for leave to answer.

In'1925 the plaintiff brought this action in the county court of Cass county to recover upon a promissory note. The summons and complaint were duly filed together with the affidavit of service thereof made by one F. F. Reynolds, reciting that he was a citizen of the United States over the age of 21 years and “that on the 17th day of July, 1925, he served the annexed summons and complaint upon August Peterson, the defendant in said action, in…