Martin v. Martin

George Rose Smith, Justice.

This is an appeal from the chancellor’s refusal to set aside a default judgment against the appellant, in the sum of $1,-165, for child support and an attorney’s fee. It is insisted that the default was due to such a misunderstanding between counsel as to constitute an unavoidable casualty.

Mrs. Martin obtained a divorce in 1959. On June 7, 1965, her attorney, John L. Sullivan, notified Martin by letter that he had filed a motion for judgment for the arrears then due and that the matter had been set for hearing on June 15. Martin engaged his present counsel, who…