Schwartz v. Smookler

This is an appeal from an order setting aside a default entered by the clerk and a default judgment rendered by the court.

The complaint was filed in January 1960. Plaintiffs sought to recover for goods sold and delivered. On June 8, 1960, the default of defendants, Harry Smookler and Jack Bulwa, a copartnership doing business under the fictitious firm name of Coast Tire and Salvage Company, was entered. On August 3 the matter was heard as a default and judgment was ordered as prayed. The formal judgment was entered on August 15. On November 28, 1960, a motion to set aside the default and…