Willen
Willen v. Boggs
Opinion
Opinion
Dunn, J.
On May 10, 1963, Basil O. Boggs filed a municipal court action against Simon Willen and Western Intaglio, Inc., among others. That same day, J. J. Tonne and Calvin D. Crockett also filed separate muncipal court actions, naming the same defendants. Summonses and complaints were served in each case on Willen, who failed to respond, and default judgments were entered against him on October 16, 1963. On November 3, 1966, he filed a-superior court action in equity seeking an order vacating the default judgments entered for Boggs, Tonne and Crockett, alleging he had not been served with copies of the summonses and complaints. Willen further alleged he first learned of the Boggs judgment against him two years and seven months after it was entered (i.e., in May 1966) and that he first learned of the Tonne and Crockett judgments in October 1966. All three defendants answered his complaint, denying his claims. A nonjury trial was held October 8, 1970. The trial court found that valid service of the summonses and complaints was made in each case and ordered judgment for the defendants and against plaintiff Willen. Willen appeals.