Woodsville Fire District v. Cray

The writ in the present action was entered at the January term, 1931. A default was originally ordered because of the defendant’s failure to file an affidavit of defence in compliance with Rule 33 of the Superior Court. But on May 4, 1931, new counsel having entered an appearance and filed the required affidavit, the order of default was vacated and the case reinstated on the docket.

Nothing further was done in the matter until the September term, 1934, when the case was marked for trial by the plaintiff. Defendant’s counsel wrote the defendant on May 23, June 5, and September 12, of that…