Lukey v. Thomas

OPINION

By the Court,

McNamee, J.:

Appellant filed suit upon a promissory note. Summons and complaint were personally served upon the defendant October 28, 1957. When no appearance had been made by either defendant, plaintiff caused their default to be entered on December 12, 1957 and on that day he had judgment entered for the amount of his claim. This was twenty-three days after default could have been taken.

On April 22, 1958 defendants moved to set aside the default and to vacate the judgment, for the reason of the “inadvertence, surprise and excusable neglect of the defendants.” The motion…