Schoenfeld v. Gerson

Plaintiffs appeal from a minute order and a written order granting defendant’s motion to set aside a default and default judgment.

Plaintiffs, beneficiaries of an express trust, filed a complaint on October 31, 1940, to enforce the trust and to recover damages from the trustee for her alleged misconduct. The summons was served on November 4, 1940. Defendant subsequently procured three orders of court extending to December 16, 1940, her time to plead to the complaint. On December 14, 1940, she served on plaintiffs a “notice of Motion to Stay Proceedings” until plaintiffs paid judgments for…