Durbrow v. Chesley

This is an appeal from an order setting aside a default judgment. The action was claim and delivery. Summons was duly served, on June 28, 1913. On July 9, 1913, the default of defendant was duly entered and, on the same day, counsel for plaintiff appeared in court and submitted evidence in support of the complaint and judgment was entered and recorded. Thereafter and on the same day, defendant’s attorney filed a notice of motion to set aside said judgment on the ground of mistake, inadvertence, and excusable neglect and the court ordered plaintiff and his attorney to appear on July 15, 1913,…