FRANKLYN v. ELLIOTT

No. 3080.

188 A.2d 345 (1963)

Hilliard FRANKLYN, II, Appellant, v. Nursey E. ELLIOTT and Imperial Insurance Incorporated, a corporation, Appellees.

District of Columbia Court of Appeals.

Decided February 21, 1963.


Attorney(s) appearing for the Case

Quentin W. Banks, Washington, D. C., for appellant.

Joel Savits, Washington, D. C., with whom Samuel Barker, Washington, D. C., was on the brief, for appellees.

Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.


HOOD, Chief Judge.

This is an appeal from an order denying a motion under Rule 60(b) to vacate a default judgment. The question here is whether the trial court correctly ruled that the motion was not timely filed.

Judgment after default was ordered on ex parte proof on December 14, 1961, and entry to that effect was made on the trial jacket. Thereafter appellees' counsel learned that the judgment had not been entered on the docket because the Soldiers...

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