W. T. Rawleigh Co. v. Keely

Appeal from an order setting aside a default judgment and granting respondents leave to answer. Summons and complaint were served on respondents on January 24, 1925. On March 2d respondents attorney mailed to plaintiff’s attorneys a proposed answer, which was returned because not served in time. It was immediately remailed to plaintiff’s attorneys, and by them again returned because not served in time.

No further steps looking' to relief from the 'default were taken until July 10th, when respondents’ attorney served on plaintiff’s attorneys an affidavit and notice of motion to set aside the…