Mesta v. Grubert

ARCHER, Chief Justice.

Plaintiff, appellant herein, filed suit on June 26, 1957, against appellee to recover $2,500 as claimed commissions. No answer having been filed by appellee on July 29, 1957, a default judgment was taken. On August 7, 1957, appellee filed his motion to set the judgment aside and for a new trial assigning reasons, to which was attached certain correspondence bearing dates of July 19, 1957 and July 20, 1957 between the attorneys for appellee and an attorney for a second party defendant as a stake holder. An answer and cross action was filed on August 12, 1957.

On August 13,…