Trackman v Kenney

Outcome: Won on Appeal

Description: A default judgment was over two years old. The debtor sought to set it aside, claiming he had never been served. The Court of Appeals found that proof of service on “John Doe, co-resident” was not void on its face. People in apparent charge of businesses and residences often refuse to give their true legal names. For this reason, it is an accepted practice to name such a person as “John Doe” or similar fictitious name, or by description. If the proof of service is not void on it's face, it cannot be vacated. For opinion, see: http://tinyurl.com/2bby86a