Lau Ah Yew v. John Foster Dulles, Secretary of State of the United States of America

Appellant filed in the United States District Court for the District of Hawaii a second amended complaint seeking a declaratory judgment of citi zenship. Said amended complaint was upheld by the trial court as stating a cause of action. Thereafter appellee failed to plead to the second amended complaint within the time required by law, and appellant moved the trial court to enter a default judgment. The motion was denied. This denial is one of the alleged errors relied on by appellant in this appeal. It is conceded that the grant or denial of a motion for the entry of a default judgment is within the discretion of the court. We have examined the facts presented to the trial court in support of ’and in opposition to the motion, and we conclude that the trial court did not abuse its discretion in denying the motion. The order denying the motion for default judgment is affirmed.

Subsequent to the filing of the second amended complaint appellee requested and was furnished answers to a set of interrogatories. Thereafter appellee moved the court under Fed.Rules Civ. Proc. rule 11, 28 U.S.C.A., to strike the complaint as sham and false. The interrogatories and answers thereto were…