Simon v. Flowers

Legge, Justice.

In a tort action for personal injuries, the defendant failed to plead to the complaint within the twenty-day period prescribed by Section 10-641 of the 1952 Code. He was adjudged in default, and the matter was referred to the Master, who, having taken testimony, filed his report recommending judgment for the plaintiff in the amount of $25,-000.00 actual damages. Thereafter, plaintiff’s counsel having declined to accept service of a proffered answer, the defendant moved for permission to answer, upon the ground that his default had been occasioned by mistake and excusable…