Singer Co. v. Greever & Walsh Wholesale Textile, Inc.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The clerk entered the default of the defendant herein for its failure to plead or otherwise defend as provided by the Rules of Civil Procedure. Rule 55(a), Federal Rules of Civil Procedure;1 see entry of default herein of October 31, 1977. The defendant moved on the following day that such default be set aside. Rule 55(c), Federal Rules of Civil Procedure.2 There is merit to the defendant’s motion.

The plaintiff filed with its application to the clerk for the entry of a default no affidavit, cf. United States v. Herlong, D.C.S.C. (1949), 9…