Matthies v. Union Products Co.

The opinion of the court was delivered by

Johnston, C. J.:

This is an action to set aside a judgment rendered on default. On June 8, 1932, a judgment was rendered in favor of Peter Carl Matthies against the Union Products Company, and F. M. Corl, its manager. The defendants did not answer or appear, and after proof by plaintiff of his claim judgment was rendered in his favor. On January 28, 1933, defendants filed a motion to vacate the judgment, alleging that the court was without jurisdiction in that the service upon defendant was insufficient and void, that the return of service made by the…