Mitchell v. Eaves

DARR, District Judge.

Service was obtained on the defendant in these cases on January 27, 1959, and on April 27, 1959, the Clerk of the Court entered a default against the defendant, no answer having been filed and no request having been made to the Court for an extension of time in which to answer.

On April 28, 1959, the defendant moved the Court to set aside the entry of default, and one of the attorneys for the defendant filed an affidavit attempting to explain, in part, the delay. The attempted explanation applies almost exclusively to the period of two weeks *435prior to April 27, without any…