State Tax Commission v. Larsen

MOFFAT, Chief Justice.

This is an appeal taken from the order denying a motion to vacate, set aside and quash an alleged or pretended service of summons after a default judgment had been entered.

The action was brought by the State Tax Commission against Archie L. Larsen and Lee H. Whitlock, a partnership, as indicated by the caption of the complaint. The return shows a summons was served on Archie L. Larsen, together with the complaint, on the 19th day of August, 1936. The complaint was filed on August 21, 1936. In the complaint, there is no allegation of a partnership existing between the two…