Smith v. Monroe

KRUCKER, Chief Judge.

Should the trial court have granted a. motion to set aside a default judgment in a suit for personal injuries? That is the-question to be resolved on this appeal.,

(Appellant was defendant below and appellees were plaintiffs. Dairyland Insur anee Company was the defendant’s insurance carrier whose insurance policy provided coverage for the accident in question.)

Briefly, the chronology is as follows. The complaint was filed on March 18, 1970, and service was effected the same day by service upon defendant’s mother, a person of suitable age and discretion residing at his…