Aycock v. Hughes

Benham, Judge.

This is an appeal, pursuant to our grant of appellant’s application, from an order denying a motion to set aside a default judgment which resulted from the striking of appellant’s answer when he and his counsel failed to appear for trial. The motion was based on appellant’s contention that their absence at the call of the case for trial was in justified reliance on an assurance given to counsel by the court administrator that the case would not be called.

At the hearing on appellant’s motion to set aside, appellant’s counsel stated in his place that the court administrator told…