Price v. Brimacombe

OPINION

By the Court,

Ducker, J.:

This action is before us on appeal from an order denying a motion for an order vacating and setting aside a default and judgment. The complaint is on a contract for the recovery of damages. The parties will be referred to as plaintiff and defendants.

Summons in the action was personally served on the 2d day of February 1937, in the county where it was instituted. On the 10th day of that month, defendants filed and served a notice of motion to strike portions of the complaint. On the 13th day of that month, the clerk of the lower court entered the default of the…