Roberts v. Kilgore

This is an action in contract in which the plaintiff seeks to recover abalance of $18,633.34 allegedly due on a promissory note executed by the defendant. A default judgment for this sum plus $2,795.00 in interest, $1,072.45 for attorney’s fees and $19.16 in costs was entered on November 12, 1980. The defendant is before this Division on a charge of error in the lower court’s denial of his Dist./Mun. Cts. R. Civ. P., Rule 60 motion for relief from the default judgment entered against him.

The report suggests that on November 8, 1979, prior to the plaintiffs institution of suit, the defendant…