Elias v. Pitucci

WELSH, District Judge.

In connection with the motion of defendant, Pitucci, to set aside the default heretofore entered against him, the following facts appear:

The complaint together with the summons was filed on May 13, 1949 and service was made on the defendant, Pitucci, on May 17, 1949. An appearance on behalf of said defendant was entered on June 1, 1949. Due to the mistake of prior counsel for the defendant, Pitucci, said defendant *14failed to answer within 20 days as required by the Rules. On the basis of an affidavit of default filed by the plaintiffs’ counsel a default was entered…