United States Rubber Co. v. Community Gas & Oil Co.

This is an appeal from an order denying a motion to vacate a default judgment. The default was entered on December 29, 1959, after a demurrer was overruled and twenty days allowed for answer on September 28, 1959. The motion to set aside the default was filed on January 19, 1960, together with a proposed answer and an affidavit setting forth reasons why an answer had not been filed.

The issue here is limited to but one question. Did the district court abuse its discretion in denying the motion to set *37aside the default on the showing made of mistake, inadvertence or excusable neglect? To be…