WILLIAMS v. BLITZ

No. 7044.

226 F.2d 463 (1955)

L. J. WILLIAMS and Ada W. Williams, Appellants, v. Bernard B. BLITZ, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 14, 1955.


Attorney(s) appearing for the Case

Frank K. Sloan and Frank B. Gary, Columbia, S. C. (Randolph Murdaugh, Clyde A. Eltzroth, Hampton, S. C., and Cooper & Gary, Columbia, S. C., on brief), for appellants.

Arthur Rittenberg, Charleston, S. C. (Rittenberg, Seymour & Graham, Charleston, S. C., on brief), for appellee.

Before PARKER, Chief Judge, DOBIE, Circuit Judge, and THOMSEN, District Judge.


PER CURIAM.

This is an appeal from an order denying a motion to set aside a default judgment, which was entered upon failure of defendants to file an answer before the date to which time for filing the answer had been extended. Appellants offered evidence to the effect that on the day before the expiration of the time they duly mailed to the clerk of the court an answer setting forth a number of counterclaims. There was evidence that this answer was not received by...

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