Martellaro v. Sailors

This is an appeal from an order of the trial court denying appellant’s motion for vacation of summary judgment and for stay of proceedings to enforce judgment under Rule 60(b)(1) and (6), W.R.C.P. The judgment sought to be vacated was a summary judgment entered on May 1, 1972. This motion was filed August 16, 1972.

In his motion to vacate, appellant asserted that he had no notice of the motion for summary judgment and had not received a copy thereof; that he had filed an answer to the complaint; that the affidavits in support of the summary judgment did not contravene the allegations in the…