Pacific Acceptance Corp. v. McCue

Opinion:

This is an appeal from an order of the district court setting aside a default judgment against the defendant, T. F. McCue. The summons was served on Mr. McCue October 1, 1923. The last day for appearance, October 21, fell on Sunday, so that he had all of the 22d in which to appear. No appearance having been made by him on October 22, the plaintiff, on October 23, filed a praecipe with the clerk of the court, requesting that defendant’s default be entered. The clerk thereupon entered the default of the defendant and made the appropriate indorsement upon plaintiff’s complaint. Upon the…