Gibbons v. Belt

On July 2, 1942 plaintiff recovered a judgment against defendant in the sum of $150. The action was predicated upon the alleged negligent operation of a motor vehicle by the defendant. On August 6, 1947 defendant moved to set aside the judgment and for an order restraining the Department of Public Safety from proceeding under section 321.275, Code of 1946 (section 5021.01, Code of 1939). After a hearing, the motion was sustained and a judgment entered accordingly. Plaintiff appeals.

The record is brief and there is little dispute over the facts. On July 2, 1942, when the original judgment was…