State ex rel. Benach v. Heffernan

TERRELL, Justice.

In a breach of contract action, Joseph Benach and his wife, plaintiffs, recovered a judgment against Allied Van.Lines,.Inc., in the Civil Court of Record of Dade County. No answer was filed to the complaint as required by the rules so the judgment was by default, on which the final judgment was duly entered. On July 29, 1952, plaintiffs secured a writ of garnishment in aid of enforcing the final judgment. Defendants promptly moved to set aside the def ault and final judgment. July 6, 1953, said motion was granted by the Civil, Cojirt of Record and the case was placed on the…