Smith v. Gadd

CLAY, Commissioner.

This controversy presents the question of what constitutés an “appearance” in a civil action’within the meaning of CR 55.01.

The plaintiffs werq. granted a default judgment against-the defendants on motion made without, notice. Under CR 55.01, if t-he defendants had “appeared in .the action” they were entitled to at least three days’ written notice prior to the hearing on the motion.

Plaintiffs brought suit on May 20, 1954 to1 enjoin the defendants from using a private passway across the plaintiffs’ land. On the same date a restraining order was issued by the. clerk and…