Mantel v. Pickle

Nuessle, Oh. J.

The plaintiff appeals from an order vacating a default judgment and granting the defendant leave to answer.

In July 1927, the plaintiff began an action against the defendant for damages for slander. Summons and complaint were served on July 17th. No answer was served or appearance made by the defendant and on August 27th judgment by default was entered against the defendant. On September 12th the defendant applied to the district court for the vacation of this judgment with leave to answer. This motion was made upon a sufficient proposed answer and an affidavit of merits. An…