Trobiani v. Racienda

Defendants appeal from an order denying their petition filed under section 72 of the Civil Practice Act to vacate and set aside a default judgment entered against defendants in the sum of $7,000.

Plaintiff filed the complaint along with a jury demand on September 30, 1959. Both defendants were served with summons on October 16, 1959, but did not file an appearance or answer. An order of default was entered against Ben Racienda on January 12, 1961, setting February 15, 1961, for the date of prove up. On February 15,1961, plaintiff waived the jury and a default judgment was entered against both…