Crouse Grocery Co. v. Valentine

The summons and complaint herein were served on the defendant Valentine December 24, 1927. He failed to appear, and judgment was entered against him by default on January 17,1928. • He now asks to open his default and to interpose an answer and come in and defend.

Section 108 of the Civil Practice Act provides that the court, in its discretion, and upon such terms as justice may require, may relieve a party from a judgment taken against him through his mistake, inadvertence, surprise or excusable neglect.

Such relief does not follow as a matter cf right; it rests in the sound discretion of the…