Teal v. King Farms Co.

KIRKPATRICK, Chief Judge.

The plaintiff instituted this action for personal injuries on July 15, 1955. The summons was served on July 28. On September 2, or about two weeks after answer and appearance were due, a default was entered, on the plaintiff’s motion, against the defendant for failure to appear, plead or otherwise defend. On September 14, the defendant moved to set aside the default.

A default, but no judgment, having been entered, the defendant’s motion is governed by the first clause of Fed. Rules Civ.Proc. rule 55(c), 28 U.S.C. which is “For good cause shown the court may set aside…