Phoenix Metals Corporation v. Roth

UDALL, Justice.

This is an appeal from an order denying defendant’s motion to vacate and set aside a clerk’s default and a later default judgment entered in said action.

The action was commenced on December 4, 1952, by William Roth et ux. (plaintiffs-appellees) to recover $2,711.12 on a’ contract of employment with defendant-appellant,- Phoenix Metals Corporation, a corporation. (The parties will hereafter be referred to as plaintiff and defendant.) , The defendant was served with process on December 5, 1952 and it timely filed an answer and paid the filing fee to the clerk of court- on…