Franklyn v. Elliott

HOOD, Chief Judge.

This is an appeal from an order denying a motion under Rule 60(b) to vacate a default judgment. The question here is whether the trial' court correctly ruled that the motion was not timely filed.

Judgment after default was ordered on ex parte proof on December 14, 1961, and entry to that effect was made on the trial jacket. Thereafter appellees’ counsel learned that the judgment had not been entered on the docket because the Soldiers and Sailors Relief affidavit filed in support thereof was incomplete. It appeared that oath to the affidavit had been made on December 14, 1961,…