Whitaker v. United Securities Corp.

This case arose over a dispute about a debt evidenced by a promissory note. A trial finding resulted in favor of the defendant. However, a new trial was granted *106plaintiff. Thereafter, defendant was permitted to amend the answer to include a counterclaim. After the defendant rejected settlement arrangements, defense counsel, with notice to the defendant, was permitted to withdraw. The case was sét for trial and on the appointed day defendant failed to appear through new counsel or in person. The same judge who had earlier tried the case thereupon entered a “default” judgment against the…