Daniels v. Hall's Motor Transit Company

Neely, Justice:

This appeal from a final order of default judgment by the Circuit Court of Marshall County presents the single question of the proper interpretation of the word “appear” as used in Rule 55 (b) (2), R.C.P.

On October 7, 1971, plaintiffs filed a complaint in the Circuit Court of Marshall County against the defendants for personal injuries and property damage arising from a motor vehicle collision. On October 26, 1971 plaintiffs’ counsel and John Adamik, Superintendent of Claims for defendant Hall’s Motor Transit Company, agreed by written stipulation to extend to December 6, 1971…