SOVEREEN v. MEADOWS

No. 15782.

595 P.2d 852 (1979)

K. E. SOVEREEN, Plaintiff and Respondent, v. Terri MEADOWS, Defendant and Appellant.

Supreme Court of Utah.

April 11, 1979.


Attorney(s) appearing for the Case

Wendell E. Bennett, Salt Lake City, for defendant and appellant.

Jonathan H. King and Patricia DeMichele, Salt Lake City, for plaintiff and respondent.


STEWART, Justice:

This appeal is from the refusal of the trial court to set aside a default judgment unless the appellant paid attorney's fees into court. The default judgment was rendered January 5, 1978. We reverse and remand on the ground that the default judgment should have been set aside without any conditions because plaintiff failed to state a claim upon which relief can be granted.

The facts are not in dispute. The defendant was a tenant of plaintiff...

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