National Surety Corporation v. Shoemaker

RENTTO, Associate Judge. *

This is an appeal from an order of the circuit court of Brown County dated June 10, 1969 denying defendant's application to set aside a judgment entered against him by default. He claims that the trial court abused its discretion in denying his motion. While not framed in the language of the rule, or otherwise too clearly stated, it appears from the record that one ground of Ihe motion presented to the court by the defendant was that his failure to answer in time was occasioned by excusable neglect.

On June 4, 1959 in the District Court of Mitchell County, Kansas,…