Polar Enterprises, Inc. v. Srednicki

In this case, the court had once set aside a default that permitted delinquent defendants to plead. Thereafter, the plaintiff sought an amendment to his complaint. In permitting the amendment because of prior confusion about pleadings, the trial judge directed (by court order) the defendants to file an answer by a day certain. This the defendants declined to do and, after the time for filing had expired, the plaintiff moved for a default based upon the defendants’ failure to comply with the court order. The judge entered the default. At no time did the defendants tender an answer to the…