Widmer v. J. I. Case Credit Corp.

Paul Ward, Associate Justice.

The decisive question on this appeal is whether the defendant (appellant here) filed his answer in due time.

Appellee, J. I. Case Credit Corporation, filed suit against appellant on a note executed by appellant to the Fort Smith Tractor Company, Inc. and later assigned to appellee. A summons was served on appellant on June 12, 1963. Appellant’s answer was filed on July 3, 1963. On August 6, 1963 the trial court entered a default judgment against appellant in the sum of $5,645.84 together with interest on the ground that “said purported answer was not timely filed…