Beards v. Dailey

TONGUE, J.,

Pro Tempore.

Defendants appeal from an order denying their motion to set aside an order of default and judgment entered against them.

While recognizing that relief from the entry of a default judgment is within the discretion of the trial court, defendants contend that such discretion must be exercised in such a manner as not to defeat the ends of substantial justice. Defendants then recite facts to support their contention that it was unjust to enter a judgment against them. Defendants seek to excuse their failure to engage a lawyer to enter an appearance on their behalf when served…