McDonald v. Kersten

The defendants appeal a default judgment, claiming that the trial judge erred when he refused to set aside the default.

The default of the defendants was entered on May 14, 1969, after they failed to answer plaintiff’s complaint. On the same day, the plaintiff moved for a default judgment and mailed a copy of the motion to the defendants. On May 22,1969 a firm of attorneys entered an appearance for the defendants. On June 10, 1969 defendants’ attorneys moved to set aside “the default judgment”, with a supporting affidavit of one of defendants’ attorneys. At the time, the default judgment had…