Heiland v. Salm

This motion is to open the default judgment rendered against the defendants for the failure of their attorneys to answer the case when it appeared upon the day calendar. The supporting affidavits convince me that the default was unintentional and due to neglect on the part of the Supreme Court Clerk to notify defendants’ attorneys that the case would appear on the day calendar, after it had been put over the term.

The action was commenced in February, 1954. After issue was joined the case appeared on the trial calendar for the terms of April, 1954, and January, February, March, April and May,…