James A. Clay & Co. v. Shafer

SCOTT, J., pro tem.

Plaintiff brought this action against defendant Shafer and others for money paid to them for bonds which were alleged to be false, fraudulent and worthless. No appearance being made within the statutory time after service of summons, the default of defendant Shafer was entered. Upon his motion, accompanied by proposed *626answer, the lower court set aside the default. Thereafter no answer was filed and at the expiration of four weeks the court ordered default of said defendant. The latter again moved to set aside the default and the motion was granted on conditions with which…