Booraem v. Gibbons

The default judgment entered against defendants in June, 1932, should not have been vacated. Defendants’ excuse for the ten years’ delay in moving to vacate is that the attorney who appeared for them, and who has since died, did not advise them of the default judgment. Even assuming this to be so, we think that in the exercise of ordinary care and diligence defendants could have ascertained all the necessary facts concerning the outcome of their litigation with plaintiff. It is quite clear that defendants, who suffered numerous other default judgments, were spurred to act in this case only…