Draisner v. Liss Realty Co., Inc

DANAHER, Circuit Judge.

The complaint in this action was filed May 31, 1949 seeking recovery of a deposit from the defendant Draisner, appellant here. 1 On November 23, 1949, upon application of the plaintiff, the clerk entered a default against Draisner who, despite personal service of process, had entered no appearance and had caused no pleading to be filed. On January 19, 1953, upon request of the plaintiff and on affidavit of the amount of the deposit due from Draisner, judgment by default was entered by the clerk in the amount claimed. From that judgment Draisner has brought this appeal.

Wh…