Clark v. Atwood

This appeal comes to us from a decision of the district court which upheld a magistrate’s order denying a motion to set aside a default judgment. The sole issue presented is whether the motion should have been granted. We affirm the district court’s decision.

In 1977 the parties were divorced by a decree entered in the magistrate division of the district court for Fremont County. The decree directed Lynn Atwood to make payments on a promissory note and to pay monthly child support to his ex-wife, Tawna Clark. On February 16, 1984, Clark filed a complaint in Bonneville County, alleging that…