Duesdieker

This is an appeal hy defendants Joseph P. Duesdieker and Alice Duesdieker from an order denying their motion to set aside their default and the default judgment entered against them.

The complaint was filed on February 6, 1931, seeking to enjoin these defendants and others from using certain premises in violation of the National Prohibition Act (27 U. S. C. A.) and to obtain an order closing the building on the premises known as “The Chateau” for the period of one year. Summons was personally served on these defendants on February 12th and a return was filed. The default of defendants was entered on March 5th. After a hearing on March 19th, judgment was entered on March 24th. On' April 13th defendants filed their notice of motion to set aside the default and default judgment on the grounds that these were entered through the mistake, inadvertence, surprise and excusable neglect of said defendants and their former counsel and that the judgment was void in that it did not conform to the complaint. The motion was accompanied by a verified answer and was supported by the affidavit of defendant Joseph P. Duesdieker. The material allegations of the affidavit for the purposes of this…