Brown v. Cooke

CAYTON, Judge.

We are asked to reverse an order refusing to vacate a default judgment.

The action, which charged defendant with the fraudulent sale of securities, was filed March 26, 1964 and process was served on defendant the following day. Defendant did not file an answer or otherwise plead in the case, and some eighty-two days thereafter, on June 17, 1964, default was entered against him. Later, plaintiff made his ex parte proof and judgment was entered on March 23, 1965. On March 29, 1965 defendant through his then counsel moved to set aside the judgment; this was followed by a renewed…