Childs v. Hart

The defendant was defaulted in an action commenced by publication. The judgment order was filed April 6, 1972. On April 19, 1972, an appearance was entered on behalf of the defendant, followed by a motion, filed April 29, 1972, to set aside the default judgment and reopen the merits of the matter under D.C.C.R. 60 (V.R.C.P. 60(b)). A prompt hearing was had and the lower court denied relief. This appeal followed.

Since a default judgment, by its nature, is one imposed without an opportunity for the defendant to be heard in his own defense, its imposition is carefully qualified. D.C.C.R. 54 and…