Hayes v. Pierce

On December 20, 1935, defendants’ demurrer to plaintiff ’s amended complaint was overruled and defendants were given five days within which to aiiswer. On December 27, 1935, defendants having failed to file an answer, default was entered against them, and on January 7, 1936, a judgment was rendered thereon. On March 9, 1936, defendants served upon the plaintiff their notice of motion to set aside default and default judgment, together with an affidavit of merits and a showing of inadvertence and excusable neglect, as well as a proposed answer and cross-complaint. From said affidavit, it…