Beighle v. Le Roy

BUFFINGTON, Circuit Judge.

Without reciting all the facts, it suffices to say that on June 8, 1937, the court in this action of ejectment opened a default judgment against the tenants of Anita I. Bloomfield and permitted her to defend. In doing so the court overlooked the fact that on September 16, 1936, the Plainfield Trust Company, executor of the will under which she claimed, had filed an answer. Whereupon plaintiffs took this appeal, contending the term had passed and the court below was without power to act. But it appears the term had been extended by order of court on September 4, 1936.…