Hearst Corp. v. Keller

PRATHER, Justice Pro Tern.

The complaint herein was filed January 15, 1977, and was served on respondent on January 19, 1977. Thereafter no appearance was made by respondent and default judgment was entered on February 9, 1977, and a copy thereof mailed to respondent. On February 18, 1977, respondent phoned his attorney for an appointment and, on March 16, 1977, motion for relief from default with supporting affidavit was filed. The affidavit alleges a breach of contract by appellant that respondent would plead as a counterclaim. The affidavit does not make any allegations denying appellant’s…