Foley v. Davis

Defendant appeals to this court from the order of the district court refusing to set aside a default judgment and to permit him to answer. His application for relief is based upon his own affidavit and his proposed answer. This affidavit is somewhat lengthy and we do not set it out in full. However, defendant states therein that he was served with a summons and complaint on or about the first day of June 1926; that judgment was rendered in the action in favor of the plaintiff and against the defendant on or about July 3, 1926; and thereafter execution against his property was issued. He…