Tymkiew v. Nicolopolus

Defendants appeal from an order denying their motion to set aside a default judgment. The only question here is whether the circuit judge was guilty of an abuse of discretion. The default and the judgment which defendants moved to set aside was entered December 29, 1944. The motion to set the same aside was made and filed June 12, 1945.

Plaintiffs started this suit against the defendants by writ of attachment, issued December 7, 1944. Certain 'perishable property was seized by the deputy sheriff, and on December 14th the officer filed in the court a return showing that on December 7th-9th said…