Arbogast

An action was brought by petitioner in the justice’s court of Sacramento Township to recover for medical services performed for defendant therein. The complaint and summons in the action were personally served in said township, and the defendant failing to appear, the default and judgment against her for the amount claimed were regularly entered by the justice. Twenty-six days after the date of the entry of said default judgment, the defendant appeared by attorney and moved to set aside the judgment and for leave to file an answer, setting out in her affidavit in support of the motion that she was served with notice of said judgment less than ten days prior thereto. After consideration, the justice granted the motion. The record shows that he did not require the defendant to pay plaintiff’s costs as a prerequisite to setting aside said judgment, although the amount thereof appeared in his docket, nor does the record show that said costs were paid. The ease proceeded to trial on the merits, and judgment was rendered for the plaintiff in the sum of twenty dollars, the default judgment having been for thirty-five dollars. The plaintiff appealed to the superior court on questions of…