Butler v. United States
Butler v. United States
Opinion of the Court
Appellee-landlord sued appellant for possession of Apt. 13, 201 M St., S.W., on the ground of nonpayment of rent. On November 10, 1969, the return day, appellant failed to appear in court and judgment by default was entered against her. Her motion to vacate default judgment, accompanied by a verified answer, was filed on November 25th, amended on December 3rd, heard on December 8th, and denied on December 19, 1969. This appeal ensued.
Appellant alleges she was entitled to relief from the default judgment by reason of mistake, inadvertence or excusable neglect.
The alleged mistake relied upon to relieve appellant from the default is that when she glanced at the summons and complaint,
Given the broad discretion of the trial court to grant or deny a motion to vacate,
We find no abuse of discretion.
Affirmed.
. G.S.Civ.R. 60(b) (1).
. R. 43.
.This testimony is disputed. Appellant claims to be an epileptic and to have a brain tumor; she supposedly has frequent seizures, loss of memory, and temper tantrums.
. Barr v. Rhea Radin Real Estate, Inc., D.C.App., 251 A.2d 634, 635 (1969).
. Cf. Barr v. Rhea Radin Real Estate, Inc., supra n. 4; Meadis v. Atlantic Constr. & Supply Co., D.C.App., 212 A.2d 613 (1965); Manos v. Fickenscher, D.C.Mun.App., 62 A.2d 791 (1948).
.Appellant’s alternate contention that the judgment is void under Rule 60(b) (4) for lack of personal service is without merit. See Corpening v. Corpening, D.C.App., 258 A.2d 262 (1969).
Reference
- Full Case Name
- Mabel BUTLER v. UNITED STATES
- Status
- Published