Legal Opinion

Johnson v. Eagles Lodge Aerie 3913

Montana Supreme Court

Decided September 22, 1997No. 97-100PublishedCited by 11 opinions

1Opinion of the CourtJustice Hunt

This is an appeal from the District Court of the Twentieth Judicial District, Lake County. Appellant Robert L. Johnson (Johnson) appeals from the order setting aside default and default judgment. We reverse.

The following issues are presented on appeal:

1. Did the District Court lose jurisdiction by failing to rule within 60 days of the date the motion to set aside the default judgment was filed?

2. Was the motion to set aside default and default judgment deficient as a matter of law, because the defendants failed to attach an affidavit of merits or answer?

3. Did the District Court abuse its…

2Cases cited5 opinions

  1. Maulding v. HardmanMontana Supreme Court · 1993
  2. Wallinder v. LagerquistMontana Supreme Court · 1982
  3. In Re the Marriage of MillerMontana Supreme Court · 1989
  4. Bechhold v. ChaconMontana Supreme Court · 1991
  5. Lerum v. LogueMontana Supreme Court · 1982

3Cited by11 opinions

  1. Associated Press v. CroftsMontana Supreme Court · 2004
  2. Green v. Gerber Stockton OilMontana Supreme Court · 2013
  3. Butler v. ColwellMontana Supreme Court · 1998
  4. Forsythe v. LeydonMontana Supreme Court · 2004
  5. Marriage of RichardsMontana Supreme Court · 2001

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