Cuoio v. Koseris

GIVENS, Chief Justice.

Appellants filed August 31, 1946, a complaint in unlawful detainer, for restitution of premises, $300.00 a month rental trebled as damages, and $1,000.00 general damages. A general demurrer thereto was overruled November 25, 1946, and answer not being filed within the fifteen days granted there-: for, default was entered December 17, 1946, in a term which expired January 5, 1947. Answer was filed December 20, but the record is silent as to service upon appellants or their attorney as required by Section 5-815, I.C.A. A motion to set aside the default was filed September…