Pressley v. Sumner

This action was commenced by the service, on July 1, 1975, of the summons and complaint on the defendant. The plaintiff seeks damages for personal injuries received in an automobile collision resulting from the alleged negligent driving of the defendant.

No answer or notice of appearance was made within the twenty days allowed under our statute for responsive pleadings. Thereafter, on September 23, 1975, the defendant, by and through his attorney, made a motion to be allowed to answer the complaint on the ground that failure to answer was due to mistake and excusable neglect, and that the…