Sandler v. Kass Realty Co.

HOOD, Associate Judge.

A tenant appeals from the judgment in favor of his landlord for possession of certain business property. The action was filed on April 29, 1946, and a summons issued returnable on May 13; but, without service of process, judgment was entered on the same day the action was filed, the judgment reciting that it was “in accordance with the confession of judgment filed herein.” A motion to set aside the judgment was filed on the day following its entry. The motion was denied, and an appeal taken from the judgment.

From the record it appears that the tenant’s possession…