Soderman v. Peterson

The complaint in this action was filed in the probate court of Caribou county and thereafter summons was issued. The time for appearance fixed by the summons was December 5, 1919. Service of summons was had upon respondent within the county on December 3, 1919. On December 5, 1919, on the failure of respondent to enter his appearance, default was entered and judgment awarded in *415favor of appellant. Thereafter a motion was made by respondent to open the default and set aside the judgment for the reason that the service of summons was not made as provided by C. S., see. 7069. Prom the order…