[DOWNLOAD] "Mike's Mfg. Co. v. Zimzoris" by District of Columbia Court of Appeals. * Book PDF Kindle ePub Free

eBook details

Title: Mike's Mfg. Co. v. Zimzoris
Author : District of Columbia Court of Appeals.
Release Date : January 17, 1949
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 53 KB

Description

HOOD, Associate Judge. Petitioner was plaintiff below in an action on two promissory notes. Respondent was defendant in the action. On the return day respondent appeared in person and demanded trial. Thereafter, after notice to both parties, the case was called for trial on November 29, 1948. On that day respondent failed to appear. The notes were put in evidence and judgment ordered for petitioner. The judgment was entered on the docket on December 10. Thereafter the judgment was docketed in the United States District Court for the District of Columbia and thereby became a lien on the real estate of respondent. 1 When respondent later sold a piece of real estate the lien of the judgment was noted by the title company making settlement and sufficient money withheld from the proceeds of the sale to pay the judgment. On March 11, 1949, respondent moved in the trial court to vacate the judgment on the grounds that (a) due to mistake and misunderstanding of court procedure he had failed to file his written answer, and (b) that he had a good and sufficient defense to the action. The basis of the first ground is not clear, for the action was a Class B action and respondent was not required to file a written answer unless he requested trial by jury. However, it is evident he sought to vacate the judgment on the ground it had been taken against him through his mistake, inadvertence, or excusable neglect. The trial court granted the motion, and ordered the judgment set aside and the case set for trial.