RUSSELL v. MARTELL

No. 18160.

681 P.2d 1193 (1984)

David RUSSELL and Eileen Russell, Plaintiffs and Respondents, v. Sterling B. MARTELL, dba Martell Holding Company, Grant C. Mills, et al., Defendants and Appellants.

Supreme Court of Utah.

January 30, 1984.


Attorney(s) appearing for the Case

Ralph J. Marsh, David B. Boyce, Salt Lake City, for defendants and appellants.

Earl D. Tanner, David Eccles Hardy, Salt Lake City, for plaintiffs and respondents.


HOWE, Justice:

Appellant Grant C. Mills seeks the reversal of the trial court's denial of his motion to set aside a default judgment which had been entered against him.

On July 7, 1981 Mills was served with a summons and a copy of the plaintiffs' complaint. When he did not file an answer in response, his default was entered by the court. After an ex parte hearing on a motion made by plaintiffs for judgment, judgment was granted for $63,200, attorney's fees...

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