Calvin Berthelsen v. Maurice Kane

Defendant, Maurice Kane, appeals from the entry of both a default and a default judgment by the district court in favor of plaintiff, Calvin Berthelsen. Default was entered because of the defendant’s failure to respond to service of process in a timely manner. On appeal, the defendant argues: (1) the entry of default should be vacated when service allegedly was accomplished on the defendant’s wife, who had been dead for three years, and when the defendant did not learn of the action until after entry of default; (2) the plaintiff failed to demonstrate that the person allegedly served was…