Ward v. Pohren

DONIELSON, Justice.

The defendants appeal from the district court’s refusal to set aside a default judgment against them claiming the district court abused its discretion. The default was entered in a dram shop action brought against the defendants as operators of a bar, seeking to recover for damages allegedly caused by an intoxicated driver.

The plaintiff’s petition was filed on September 11, 1987; the petition and original notice were served on the two defendants on September 14 and 15,1987. Prior to the September 11th filing, the defendants and their insurer were served with the notice *381requi…