Bearman Fruit Co. v. Parker

Julius J. Olson, Justice.

Defendant appeals from an order denying his alternative motion to set aside a default judgment because of plaintiff’s laches in entering it, or, if that be denied, that the judgment be set aside and that defendant be permitted to answer.

On August 31, 1937, defendant was indebted to plaintiff in the amount of $555.19 for merchandise purchased. On September 1, plaintiff’s counsel prepared a summons and complaint and on the next day sued out a writ of attachment by virtue of which the sheriff of Ramsey county levied upon two trucks belonging to defendant. On the 14th,…