Guard v. Benson

OPINION

DIMOND, Justice.

On May 20, 1965 appellee brought this action against appellant in the district court for $975.70 representing labor and materials supplied for a B-25 aircraft. For failure to plead or otherwise defend the action, appellant’s default was entered by the clerk of the district court on July 2, 1965. On the same day the clerk entered a default judgment against appellant for the amount demanded in the complaint, together with interest, costs and attorneys’ fees, for a total sum of $1,206.44.

On September 20, 1965 appellant moved to set aside the default judgment. The motion…