Stimson Mill Co. v. United States

BOWEN, District Judge.

This is an action at law to recover a money judgment for breach of contracts of sale of lumber. It is now before the court on plaintiff’s motion for default, based on defendant’s failure to plead within the non-extensible time therefor provided by this court’s rule 81.

The pertinent parts of that rule provide: “When an act to be done in any action at law * * * relates to the pleadings in the cause, * * * the time allowed by these rules may, unless otherwise specially provided, be extended by the Court or Judge by order made before the expiration of such time; but no such…