Sam B. Hubbard v. Fidelity & Casualty Co. New York

The appeal was from entry of default judgment for $1,694.29, plus $300 attorneys fee, taken December 27, 1954, following appellees suit on sworn account; appellant admitting timely service of citation requiring him to file answer thereto "at or before 10 oclock A.M. of the Monday next after the expiration of 20 days after the date of service hereof * * *." Hubbards motion to vacate said judgment by default or for new trial was filed January 21, 1955 and disposed of on January 25 by denial of same after the hearing of testimony.