Indian Head Millwork Corp. v. Glendale Homes, Inc.

The single issue here is whether the Court, in imposing costs as a condition to striking off the default, abused its discretion. Lavoie v. Bourque, 103 N. H. 372, 374.

Since the defendant had entered an appearance, it was necessary, in the circumstances before us, that it be notified of the hearing. Lewellyn v. Follansbee, 94 N. H. 111, 113.

The plaintiff introduced testimony through the clerk of court that “in the ordinary course of business” a joint letter, dated May 11, 1961 properly addressed, was sent to the attorneys of both parties, notifying them of the hearing to be held on May 23,…