Halmich v. McCullough

SMITH, Chief Judge.

Defendants appeal from the action of the trial court in denying their Motion to Set Aside Default Judgment. The default judgment was entered on April 19, 1974, following a hearing at which plaintiff testified at some length. Defendants, represented by counsel, never filed a responsive pleading and were not notified of, nor present at, the hearing. They had been personally served.

On May 10, 1974, defendants filed their motion to set aside. The motion was heard and overruled on May 21, 1974.

Defendants have not briefed the key question in this case, raised by plaintiff,…