Nord v. Koppang

BURKE, Judge.

Upon a motion for a default judgment in this case, the trial judge made an order allowing plaintiff to proceed “as if by default, unless defendant filed his answer within 30 days from the date of the order.” The defendant has appealed from this order.

Plaintiff commenced this action by the service of a summons only, on August 2, 1957. On August 23, 1957, the complaint was filed in the office of the clerk of the district court. Rule 4(b), N.D.Civ.P. provides: “ * * * If in such case (where the complaint is not served with the summons) the complaint is not filed with the clerk…