Simonson v. Sittner

SATHRE, Judge.

This is an appeal from an order of the district court of Sioux County denying the defendants application for vacating and setting aside a default judgment entered' against him in favor of the plaintiff and for leave to interpose answer. The facts, are undisputed and are as follows:

Service of the Summons and Complaint was made personally on the defendant on; March 20, 1956. On April 17, 1956 one of the attorneys for the defendant wrote the attorney for the plaintiff as follows:

“Mr. Robert Wallin, Attorney at Law,.

“Hettinger, North Dakota.

“Re: Bob Simonson v. Pete Sittner

“Western…