Lentz v. Lutz

Julius J. Olson, Justice.

Defendant appeals from an order denying his motion to open a default judgment against him and allow him to defend on the merits an action to recover damages for alienation of the affections of plaintiff’s wife.

The record is such as fully to justify the court in finding the following facts upon which to base the order here for review: Before the commencement of the action plaintiff’s counsel “talked with” defendant and “explained to him that unless he refrained from keeping company” with plaintiff’s wife “some action would follow.” On September 28, 1940, personal…