Becker v. Roothe

The opinion of the court was delivered by

Schboeder, J.:

This is an appeal from an order of the trial court refusing to open a default judgment on the ground that it was irregularly obtained.

An action for damages as a result of an intersection collision was filed on May 23, 1958. The defendant was personally served on May 27, 1958, and on June 24, 1958, one day after the answer was due, a motion for judgment on the pleadings was filed and a default judgment taken against the defendant in the total amount requested, $379.28 and costs. A praecipe for execution was filed October 6, 1958, the…