Johnson v. Nelson

Sheran, Justice.

The appeal is from orders of the district court vacating a default judgment entered December 13, 1961, in favor of plaintiff and permitting an answer proposed by defendants to stand as if duly served. Also involved in the notice of appeal are ancillary orders relating to proceedings to secure satisfaction of the judgment.

The basic issue is whether the discretion of the trial court was exceeded by an order which sets aside a judgment allowing damages against defendants in the amount of $2,799.22, and canceling a contract for deed executed by the parties.

The essential facts are…