Sovereen v. Meadows

STEWART, Justice:

This appeal is from the refusal of the trial court to set aside a default judgment unless the appellant paid attorney’s fees into court. The default judgment was rendered January 5, 1978. We reverse and remand on the ground that the default judgment should have been set aside without any conditions because plaintiff failed to state a claim upon which relief can be granted.

The facts are not in dispute. The defendant was a tenant of plaintiff on a month-to-month basis under an arrangement whereby she was to pay $135 per month rent. Defendant fell in arrears in the payment of…