Holden v. Peters

I would affirm on the ground that the clerk had no authority to enter the judgment. One requirement for entry of default judgment by the clerk is that the verified complaint or affidavit shall set out the sum plaintiff ciaims to be due “exclusive of all set-offs and just grounds of defense.”1 The verification in the pres*158ent case failed to meet this requirement, and the clerk has no authority to waive any requirement of the rule. Cf. Williams v. Bradley, 2 App.D.C. 346. I think the judgment was void and relief therefrom was not controlled by the three months’ limitation of Rule 60(b). If not…