Russell v. Martell

HOWE, Justice:

Appellant Grant C. Mills seeks the reversal of the trial court’s denial of his motion to set aside a default judgment which had been entered against him.

On July 7, 1981 Mills was served with a summons and a copy of the plaintiffs’ complaint. When he did not file an answer in response, his default was entered by the court. After an ex parte hearing on a motion made by plaintiffs for judgment, judgment was granted for $63,200, attorney’s fees of $5,000 and costs of the action. In December of 1981 Mills filed a motion to set aside the default judgment supported by affidavits.…