Fisher v. Bush
Fisher v. Bush
Opinion
Plaintiffs Fisher and Young filed an action to recover on a promissory note in the amount of $72,000. Defendant McCurry was served on October 17, 1978; on December 6, 1978, the trial court entered a default judgment against him. Defendant Bush was served on February 27, 1979; a default judgment was obtained against him on April 18, 1979. An answer to the complaint was filed on behalf of both defendants on December 6, 1978, alleging that defendants owed plaintiffs only $25,000, the balance of the note being interest and usurious. The parties disagree as to whether the answer was filed before or after the default judgment against McCurry was obtained.
On May 25, 1979, defendants filed a motion to set aside the default judgments and restore the actions to the trial docket. That motion was granted on June 5, 1979. Plaintiffs appealed.
The decision to relieve a party from a judgment under ARCP Rule 60 (b) is largely discretionary, especially where a party seeks to have a default judgment set aside and to proceed to trial upon the merits. Nunn v. Stone,
APPEAL DISMISSED.
TORBERT, C.J., and MADDOX, JONES and BEATTY, JJ., concur.
Reference
- Full Case Name
- Archie L. Fisher and Otis E. Young v. Ernest Bush and James McCurry.
- Cited By
- 20 cases
- Status
- Published