Franklin v. Hunt Dry Goods Co.

In this case the plaintiff sued the defendant in the district court of Muskogee county for damages for the loss of furs in transit. Summons was regularly served on the defendant. The answer date was correctly fixed as March 7, 1940. No answer was filed nor appearance made within the time required. On March 9, 1940, the defendant being in default, the plaintiff without offering any testimony took a default judgment for the amount sued for. On March 12th the plaintiff, conceiving its judgment to be irregular, orally moved the court to set aside the default judgment entered on March 9th. This…