Titus v. Larsen

Citations

• 18 Wash. 145
• 51 P. 351
• 1897 Wash. LEXIS 125

Syllabus

<p>DEFAULT JUDGMENT — SETTING ASIDE—' SUFFICIENCY OF SHOWING — INTEREST.</p> <p>A default judgment should be set aside upon application therefor made with due diligence when a showing is made by defendant that he had a meritorious defense, either in whole or in part to the action; that he had employed an attorney to appear and defend, but that owing to a mistake on the part of the defendant as to time of service upon him, he had notified his attorney that service was one day later than in reality; that service had been had upon him and an attorney employed in another city than the one in which the action was instituted; that neither defendant nor his attorney discovered the error until the day upon which plaintiff was entitled to a default; and that an attorney was immediately employed by telegraph in the city where the action was pending to secure an extension of time for appearance, and that due effort was made therefor but that default had been obtained shortly prior thereto.</p> <p>A default judgment awarding interest at the rate of ten per cent, is erroneous, when the complaint contains no allegation of an agreement as to the rate of interest.</p>