Beyer v. Petersen

Petersen brought suit against Beyer on a note of which they were joint makers and recovered a judgment by default for $1,218.11. Error is here assigned upon the refusal of the court to set aside this default and judgment.

It is urged that the default and judgment should have been set aside because the neglect of counsel was excusable and a meritorious defense was presented.

It appears from the record that the last day to answer was Monday, April 6, 1931, and that the default was taken and judgment rendered on Tuesday, the 7th of April at 10 a. m. At 11 o’clock of that same day,' Mr. Schaetzel,…