WADE, Justice.
This is an appeal by L.R. Peterson, defendant, from the trial court's refusal to set aside a default judgment. On August 26, 1954, Earl D. Tanner, attorney for plaintiffs Whitland T. Locke, Ralph O. Williams and Hayne L. Jarrard, respondents here, handed to defendant a summons and purported copy thereof requesting him to sign the following statement which was typewritten on the front of both the original and the copy:
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