Coulas v. Smith

96 Ariz. 325, 395 P.2d 527 (1964)


Smith (P) sued Bray on an open account and a promissory note. Bray cross-claimed Coulas (D); D was really the party owing the debts. D filed an answer. D was granted a continuance when Bray and P requested it. The trial was set for October 10th, and counsel for both P and Bray stipulated to continue that date until December 10th. D was not present but was notified by the clerk of the court. D never appeared at trial. D has subsequently denied ever getting the notice. The court tried the case, and P obtained judgment against D for the open account and promissory note, and against Bray on the promissory note. Bray obtained a judgment against D on the note. Two years later, in 1960, D filed a motion to set aside and vacate the judgment; he never received the statutory three-day notice prior to the granting of a default judgment. The trial court denied the motion.