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COOK FORD SALES, INC. v. BENSON

No. 3137.

381 P.2d 68 (1963)

COOK FORD SALES, INC., and Richard H. Bedsaul, Appellants (Plaintiffs below), v. Carl E. BENSON, Appellee (Defendant below), and Robert Charles Benson, Steve Saign and Earl Saign, (Defendants below).

Supreme Court of Wyoming.

May 7, 1963.

Attorney(s) appearing for the Case

Badley & Saltmarsh, Bruce P. Badley, Myron E. Saltmarsh, Sheridan, for appellant.

Lonabaugh & Lonabaugh, E.E. Lonabaugh, Sheridan, for appellee.

Before PARKER, C.J., and HARNSBERGER, GRAY and McINTYRE, JJ.

Mr. Justice HARNSBERGER delivered the opinion of the court.

This is an appeal from an order setting aside, vacating, and holding for naught a default judgment previously rendered against defendant Carl E. Benson. The vacating order recited that service of process was insufficient; that the court was without jurisdiction to grant the judgment; that the defendant had made prompt application to set aside the default judgment; and had tendered his answer.

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