Robinson v. Petersen

HONORABLE ROY E. AYERS, District Judge,

sitting in place of MR. CHIEF JUSTICE BRANTLY, disqualified, delivered the opinion of the court.

Plaintiff below, appellant here, instituted this action in the district court of Fergus county on May 27, 1920. Summons *250was duly issued, and on June 4 regularly served upon defendant. On June 25 default was taken, proof made, and judgment entered. August 7 defendant served and filed his notice of motion to vacate and set aside the default and judgment, which motion was supported by affidavit of his counsel and he tendered therewith his proposed answer.…