Lentz v. Boles

OPINION

By the Court,

Mowbray, J.:

Appellant sued respondent for goods sold and delivered and upon respondent’s default secured judgment in the sum of $5,833.71, attorney’s fees and costs. Respondent moved under NRCP 60(b)(1) 1 to set aside the default judgment which the trial court granted. Appellant appeals on the ground that the trial court abused its discretion and committed prejudicial error. This is the precise question we must decide.

Appellant’s complaint was filed on November 9, 1966. Process was served on November 16 by the sheriff’s leaving copies of the summons and complaint with…