Thomas v. Goettl Bros. Metal Products, Inc.

LA PRADE, Justice.

This case presents an appeal from a judgment of the trial court refusing to set aside a default judgment theretofore entered by it against appellant (defendant below), in principal sums totalling $10,852.55 plus accrued interest amounting to several hundred dollars.

Defendant sought relief from the default judgment upon the ground of excusable neglect induced by illness, for failing to timely answer the complaint. His motion to set aside the default and supporting affi davits showed that service of the complaint and summons was had upon him on March 18, 1952; that on April 8,…