Dalton E. Wellman and Anna M. Wellman v. Dean Jellison

Plaintiffs in this diversity malpractice action against a lawyer appeal from a judgment on a defendant’s verdict. We affirm.

On July 9, 1971, E. G. Wellman sued his son and daughter-in-law, Dalton and Anna Wellman, alleging among other things that the younger Wellmans had sold and mortgaged family real estate without the father’s consent, and had defaulted on a note that the father cosigned. E. G. Wellman sought rescission of some of the real estate transactions, a portion of the proceeds from others, and reimbursement from Dalton and Anna on the loss caused by the default. Dalton was served with a summons, complaint, and restraining order on July 20, 1971; Anna, on July 28, 1971. On July 21, 1971, Dalton went to the law office of Jellison, who agreed to represent Dalton and Anna.

On August 11, 1971, a default was entered in the state court against Dalton; on August 19, 1971, against Anna. Judgment was entered against them on September 24, 1971.

Jellison then filed a motion on behalf of Dalton and Anna to set aside the defaults and judgment. At the hearing on that motion, Jellison testified that he had not been inadvertent in allowing the judgment to be entered but had…