Peterson v. McMillan

This is an appeal from an order denying an application to set aside a default judgment and to permit the defendants to answer and defend.

The summons and complaint were served on defendants, three in number, on the 7th day of March, 1941. Upon receipt of the summons and complaint, the defendants in response thereto and without employing an attorney, contacted the plaintiff and endeavored to settle their differences without litigation. Plaintiff and defendants had been carrying on business quite extensively without a settlement for several years; the business involved thousands of dollars and…