Dwyer v. Davis

TAPPAAN, J., pro tem.

This is an appeal from an order denying appellant’s motion to have set aside a default entered against him, and the judgment entered pursuant thereto. From the transcript on appeal it appears that on April 16, 1929, appellant was served with a summons and complaint in a personal injury action. On April 25, 1929, appellant placed a copy of the summons and complaint in the hands of an attorney, for the purpose of having said attorney represent him in the defense of such action. The attorney did not immediately appear for appellant, nor did he file an answer or demurrer upon…