Miller v. Cortese

This is an appeal from an order setting aside a default.

Defendant was served with the complaint on August 31, 1948; default was entered September 16, 1948. Notice of motion to set aside the default was served November 10, 1948. Hearing on the motion was set for November 22d, continued to December 2d, on which last mentioned date it was granted.

It is contended on appeal that: “1. Respondent’s failure to file answer to appellant’s complaint within time permitted by law was not mistake, inadvertence, surprise or excusable neglect. 2. Respondent’s affidavit of merit is insufficient. 3. Granting…