Rodell v. Nelson

This is an appeal from an order denying a motion to set aside a default judgment. John Nelson was sued by Chet Rodell in a dispute over a cattle pasturing arrangement. Nelson answered the suit and filed a counterclaim. Later, his attorney withdrew. When Nelson failed to appoint another attorney or to appear in person, the district court granted a default judgment on Rodell’s complaint. The judgment also dismissed Nelson’s counterclaim. Nelson moved to set aside the judgment, contending that he had not been served a copy of the order allowing his attorney’s withdrawal. He further contended…