Carlson v. Norrish

Defendant appeals a District Court order denying her motion to set aside a judgment on the ground that she had not tendered a meritorious defense. We reverse.

Plaintiff filed an action based on timber trespass. Defendant filed a general denial and the case was set for trial in August, 1980. Defendant’s attorney died in July, 1980. Plaintiff’s attorney advised defendant in writing the case was set for trial and that she should obtain new counsel. On July 27,1980, defendant contacted her present attorney. The court reset the case for trial on September 12, 1980. Notice of the new date was…