M-R Sign Co. v. Avery

OPINION

On February 16, 1971, appellant filed an action against respondent to recover $1,370.21 allegedly due on a promissory note. The respondent failed to timely answer after he had been served with process, and a default judgment was entered on April 7, 1971.

After appellant had begun proceedings to enforce the judgment, respondent moved to set it aside on May 5, 1971. It was asserted by respondent, in an affidavit attached to the motion, that he had relied upon statements of his Minnesota counsel that the matter would be resolved in Minnesota and that an answer had already been filed there.…