Jennrich v. Moeller

Pee Curiam.

Defendant Adolph W. C. Moeller appeals from an order denying his motion to open a default judgment and permit him to answer.

The summons and complaint were served upon defendant personally by plaintiff’s attorney, Mr. Kueffnér. There was no such delay in making the motion as to show laches or unreasonable delay. The proposed answer set out that the defendant had gone through bankruptcy and had been discharged from the indebtedness sued upon—a valid defense if established. The only excuse for not answering, set out in defendant’s affidavit, was that at the time the summons and…