Hill

This is an appeal by the plaintiffs, Mattie Hill, a minor, by Louis R. Hill as her guardian ad litem, and by Louis R. Hill, as her father, from an order granting a motion to vacate and set aside a default and default judgment against the defendant, Ardis Taylor, individually and doing business as Taylor’s Janitorial Service. The arguments on appeal are: (1) The order vacating the default was void as the court was without jurisdiction since the motion was made more than six months after the entry of the default and default judgment; (2) There was no extrinsic fraud on the defendant Taylor; (3) The judgment against Taylor was not void, as hy" permitting the entry of the default, the defendant confessed the material allegations of the complaint which made him liable as a joint tortfeasor.

On June 26, 1959, appellants filed their complaint seeking damages for personal injuries sustained by Mattie Hill when struck by an automobile driven by Allen Jack .Johnson, the employee of the respondent. Both defendants were personally served with process on July 3, 1959. On' August 19, 1959, an attorney filed an answer on behalf - of the defendant Johnson only. No answer was filed on behalf of…