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MAYHEW v. STANDARD GILSONITE COMPANY

Nos. 9652, 9653.

14 Utah 2d 52 (1962)

376 P.2d 951

E.J. MAYHEW, PLAINTIFF AND RESPONDENT, v. STANDARD GILSONITE COMPANY, A CORPORATION, DEFENDANT AND APPELLANT. BEAVER DAM SALES COMPANY, A PARTNERSHIP, PLAINTIFF AND RESPONDENT, v. STANDARD GILSONITE COMPANY, A CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

December 7, 1962.

Attorney(s) appearing for the Case

Beaslin, Nygaard & Coke, Salt Lake City, for appellant.

Moyle & Moyle and Hardin A. Whitney, Salt Lake City, for respondent.

CROCKETT, Justice.

This appeal reviews the denial of motions to set aside default judgments based on Rule 60(b) U.R.C.P., the pertinent part of which is:

"On motion and upon such terms as are just, the court may in the furtherance of justice relieve a party * * * from a final judgment * * * for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect * * *. The motion shall be made * * * not more than 3 months after the...

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