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NIELSEN v. NIELSEN

No. 13692.

529 P.2d 803 (1974)

Virginia Naisbitt NIELSEN, Plaintiff and Respondent, v. Harold L. NIELSEN, Defendant and Appellant.

Supreme Court of Utah.

December 17, 1974.

Attorney(s) appearing for the Case

David E. Littlefield of Salt Lake County Bar Legal Services, Salt Lake City, for defendant and appellant.

Theodore S. Perry, Logan, for plaintiff and respondent.

CALLISTER, Chief Justice:

Plaintiff filed an action, seeking a divorce on October 26, 1973; the complaint and summons were served on defendant at that time. When defendant failed to file a responsive pleading, plaintiff's counsel had the clerk enter defendant's default on November 16, 1973, as provided in Rule 55(a)(1) U.R.C.P. On March 14, 1974, defendant filed an answer and counterclaim. Plaintiff filed a motion to strike defendant's pleadings on the ground that...

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