Bolon v. Pennington

MOLLOY, Judge.

The plaintiffs-appellees have questioned this court’s jurisdiction to consider an appeal from an order of the superior court setting aside a default entered against the plaintiffs-appellees on a counterclaim by the defendant-appellant.

The plaintiffs filed a complaint against the defendant on March 2, 1965 and on May 7, 1965 the defendant filed his answer and a counterclaim. The plaintiffs did not reply to the counterclaim within twenty days as provided for by Rule 12(a) Rules of Civil Procedure, 16 A.R.S. and default was entered on June 1, 1965. Following a hearing on June 28,…