TATE v. KELLEY

No. 1900.

129 A.2d 855 (1957)

Frank G. TATE, Appellant, v. Benjamin F. KELLEY, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided March 4, 1957.


Attorney(s) appearing for the Case

E. Lewis Ferrell, Washington, D. C., with whom Thurman L. Dodson, Washington, D. C., was on the brief, for appellant.

Joseph D. Malloy, Washington, D. C., for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.


HOOD, Associate Judge.

On August 14, 1956, appellant moved to vacate a default judgment entered on May 24, 1955, against him in favor of appellee. The basis of his motion was his claim that he had never been served with process and had no knowledge of the suit or judgment until a few days before filing his motion, although the marshal's return showed that appellant had been personally served. The trial judge denied the motion, holding that the trial court's Rule 60...

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