Ayers v. D. F. Quillen & Sons, Inc.

Terry, J.:

Plaintiff, on February 2, 1951, filed a complaint in the court below, together with an affidavit of demand, which included copies of the book entries sued upon. Subsequent to this date, in 1951, the attorney for plaintiff filed a stipulation extending, without termination date, the time in which defendants were required to answer this complaint. On June 26, 1960, plaintiff served and filed a notice of motion for entry of judgment by default for failure to plead or otherwise answer. Prior to this action, neither party had taken any action to prosecute or defend this claim. On July…