Morris v. Morris

OPINION

By the Court,

Thompson, J.:

This appeal is from an order of the district court granting the defendant’s Rule 60(b) motion to set aside a default decree of divorce obtained by the plaintiff.1 The motion was promptly made upon learning that a default judgment had been entered, was accompanied by an answer containing a meritorious defense and, by counterclaim, put in issue matters of property and support. The sole question is whether it was permissible for the *46district court to conclude that the defendant’s failure to appear in time was due to the excusable neglect of her attorney. We do…