Town of Colchester v. Brault

The defendant was defaulted below and appeals. The action was commenced by the plaintiff by service on the defendant on December 18, 1969, who thereafter timely entered his appearance. The original process contained an application for a temporary injunction, which was heard on January 6, 1970, and denied on January 14, 1970. Thereafter, no further action took place in the case until June 28, 1972, when the plaintiff filed a proposed amendment to its original bill of complaint. No answer had ever been filed by the defendant.

The matter was brought on for hearing the very next day. The court…