Anderson v. Havas

OPINION

By the Court,

McNamee, J.:

This is an appeal from an order vacating and setting aside default and judgment based thereon.

Summons was served upon defendant (respondent herein) on May 27, 1960. Respondent had to and including June 16 in which to appear in the action. Upon his failure to do so his default was entered June 17, 1960 and on June 21, 1960 a judgment based on said default was entered. On June 21 respondent filed his motion to vacate said default and judgment because of “inadvertence, surprise, or excusable neglect” and said motion was granted on July 1, 1960. In support of his…