White Plains Carpet v. United States Fidelity & Guaranty Co.

Bell, Chief Judge.

The defendants failed to answer the complaint within 30 days from the date of service and were in default. An answer was filed 15 days later on February 9, 1972. Plaintiff moved to strike the answer and for default judgment on the ground that the costs were not paid until February 10,1972, the day after the filing of the answer. In support of its motion reliance was made upon entries made in the clerk’s records that the costs were paid on the latter date. The entries were made (1) by notation on the inside of the file cover of the case; (2) in the clerk’s civil costs book;…