Johnson v. Durrence

Evans, Judge.

Boysie Johnson, plaintiff, filed suit against Wayne Durrence, as defendant, to recover damages. The City of Soperton was thereafter made a party defendant. Presumably, the City of Soperton filed its defense timely, as the only question we have before us is as to whether Wayne Durrence may open a default, having failed to file timely defensive pleadings.

The sole ground urged by defendant Durrence for opening the default is excusable neglect in that he had been assured by the officials of the City of Soperton that it would be liable and responsible for any damages that occurred…