MANDEL BROS. v. VICTORY BELT CO.

No. 3723.

15 F.2d 610 (1926)

MANDEL BROS. v. VICTORY BELT CO.

Circuit Court of Appeals, Seventh Circuit.

November 27, 1926.


Attorney(s) appearing for the Case

Alan J. Altheimer, of Chicago, Ill., for appellant.

Charles Hudson, of Chicago, Ill., for appellee.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


PAGE, Circuit Judge.

The return of service on defendant corporation, hereinafter set out, was made August 8, 1925. October 1, 1925, defendant was defaulted and a final decree entered. November 3, 1925, defendant petitioned the court to set aside the default, and said:

"The summons served upon the defendant was inadvertently lost or misplaced * * * and did not come to the attention of counsel * * * until on or about the 25th day of October, 1925; that Mandel...

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