Burke v. Rachau

This is an appeal from an order denying a mo*325tion to set aside a default judgment in a personal injury case.①

The question whether a trial court has abused its discretion in refusing to set aside a default judgment ordinarily depends upon the facts and circumstances of each case. In this case it appears from the affidavits filed in support and in opposition to that motion that on May 12,1969, plaintiff’s attorney wrote a letter to an insurance adjuster employed by defendants’ insurance company. By that letter the adjuster was informed that plaintiff had retained the attorney to represent her…