Smith v. Meyers

WINDES, Justice.

Appellant herein was plaintiff below and appellee was defendant. Hereinafter the parties will be referred to as plaintiff and defendant. All dates mentioned refer to the year 1951.

Plaintiff filed suit against defendant and after due service and expiration of the time to answer, on April 9th by minute entry a default judgment in the sum of $75,000 was rendered against the defendant. On the following July 24th defendant filed a motion to set aside the default judgment on the ground of surprise and excusable neglect supported by affidavits and a proposed unverified answer. This…