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ROGERS v. LYLE ADJUSTMENT COMPANY

No. 7042.

372 P.2d 797 (1962)

70 N.M. 209

Ben T. ROGERS, Plaintiff-Appellee, v. LYLE ADJUSTMENT COMPANY, Defendant-Appellant.

Supreme Court of New Mexico.

June 28, 1962.

Attorney(s) appearing for the Case

Sheehan, Duhigg & Christensen, Albuquerque, for appellant.

Dan B. Buzzard, Clovis, for appellee.

NOBLE, Justice.

Two principal questions are presented by this appeal: (1) Under Rule 55 of the Rules of Civil Procedure, may a default judgment be entered after the filing of a late pleading; and (2) did the trial court abuse its discretion in refusing to vacate the default judgment and permit the filing of an answer?

Appellant (defendant below) was served with process in a civil action on April 17, 1961, and its appearance was entered by its attorneys on...

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