CHILDS v. HART

No. 170-72.

303 A.2d 139 (1973)

Frank L. CHILDS, Jr., d/b/a Childs Construction Company v. Herbert HART et al.

Supreme Court of Vermont, Windham.

April 3, 1973.


Attorney(s) appearing for the Case

William M. McCarty, Jr., Brattleboro, for plaintiff.

Williams, Witten & Carter, Bennington, for defendants.

Before SHANGRAW, C. J., and BARNEY, SMITH, KEYSER and DALEY, JJ.


BARNEY, Justice.

The defendant was defaulted in an action commenced by publication. The judgment order was filed April 6, 1972. On April 19, 1972, an appearance was entered on behalf of the defendant, followed by a motion, filed April 29, 1972, to set aside the default judgment and reopen the merits of the matter under DCCR, Rule 60(b). A prompt hearing was had and the lower court denied relief. This appeal followed.

Since a default judgment, by its nature...

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