Barger

Marvin David Barger, a minor, sustained a head injury when he was struck while riding a bicycle by a taxicab owned by Barney Gabriel, doing business as Yellow Cab Company, and driven by Lewis Hopkins. An action was commenced by Marvin Lucius Barger, father of the minor, individually, and as guardian ad litem, to recover for such injuries.

It appears from the record that on September 15, 1959, counsel informed the court that the case had been settled. The medical reports of the doctors who had examined the minor were introduced in evidence. A stipulation that judgment could be entered in favor of the plaintiffs in the amount of $3,000 was read into the record. The reporter’s transcript discloses that the court ordered that judgment be entered in accordance with the stipulation. The clerk’s minutes indicate the following: “Mrs. Leona Barger is sworn and testifies. It is orally stipulated by counsel that judgment be entered in favor of the plaintiffs and against the defendants in the sum of $3,000.00 including all costs of suit. It is so ordered by the Court. Let Judgment be entered accordingly.”

No notice of entry of judgment was served. In March 1960 a motion was made to set…