SMITH v. GADD


280 S.W.2d 495 (1955)

F. O. SMITH and Thelma L. Smith, husband and wife, Appellants, v. Ernest GADD and Mary E. Gadd, husband and wife, Appellees.

Court of Appeals of Kentucky.

June 24, 1955.


Attorney(s) appearing for the Case

Russell N. Victor, Erlanger, for appellants.

A. D. Yelton, Burlington, for appellees.


CLAY, Commissioner.

This controversy presents the question of what constitutes an "appearance" in a civil action within the meaning of CR 55.01.

The plaintiffs were granted a default judgment against the defendants on motion made without notice. Under CR 55.01, if the defendants had "appeared in the action" they were entitled to at least three days' written notice prior to the hearing on the motion.

Plaintiffs brought suit on May 20, 1954 to enjoin...

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