Canup v. Mississippi Valley Barge Line Co.

DUMBAULD, District Judge.

On August 6, 1962, plaintiff’s complaint under the Jones Act and alleging unseaworthiness was filed. Maintenance and cure is also sought. Jury trial was demanded. The usual printed notice required defendant to answer “within 20 days after service - * *. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.” Service by the Marshal was made on August 8, 1962.

No answer having been filed, plaintiff on August 29, 1962, issued praecipe to enter default, which was done. At the same time a motion for judgment under. Rule…