PECK v. COOK

No. 13080.

510 P.2d 530 (1973)

29 Utah 2d 375

N. S. PECK dba Peck Builders Supply, Plaintiff and Appellant, v. Ralph E. COOK dba Custom Interiors, Defendant and Respondent.

Supreme Court of Utah.

May 21, 1973.


Attorney(s) appearing for the Case

Edwin G. Gibbs, Lehi, for plaintiff and appellant.

Robert L. Moody, Provo, for defendant and respondent.


CALLISTER, Chief Justice.

Plaintiff entered a default judgment against defendant on January 24, 1972. The following February 28, defendant was adjudged a bankrupt. On August 7, 1972, plaintiff filed an ex parte motion to set aside the default judgment on the ground that through the mistake, inadvertence, and excusable neglect of his attorney, he had failed to allege that defendant induced the debt through fraud. An order was entered granting plaintiff's motion. On...

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