First Federal Savings & Loan Ass'n v. Strub

The trial court decision vacating the $20,-000 default judgment should be affirmed because:

*8391. THE NEGLECT IN THIS CASE, ALTHOUGH OBVIOUS AND SEVERE, WAS THAT OF ATTORNEY WENDT AND NOT THAT OF THE CLIENT PRIDHAM. Pridham first learned of the default judgment against him when attempts were made to execute upon real property owned by him in South Dakota. He promptly retained present counsel. Pridham moved to set aside the default judgment pursuant to SDCL 15-6-60(b). In an affidavit in support of the motion to vacate the default judgment, he relayed to the trial court his lack of knowledge…