Legal Opinion

Voelker v. Golden Curry Con. Mining Co.

Montana Supreme Court

Decided February 21, 1910No. 2,762PublishedCited by 6 opinions

Appeal from District Court, Jefferson County; J. B, Poindexter, Judge. Action by Christopher Voelker against the Golden Curry Consolidated Mining Company and another. From an order setting aside a default judgment, defendants appeal.

1Opinion of the CourtChief Justice Brantly

Appeal from an order setting aside a judgment entered upon the default of plaintiff in failing to file an amended complaint within the time allowed therefor after defendant’s demurrer to the original complaint had been sustained.

As has been often said by this court, an application to set aside a default is addressed to the discretion of the district court, and its action thereon will not be revised by this court unless it is *467manifest that its discretion has been abused.' We have examined the showing in support of the motion, and cannot say that the district court abused the discretion lodged…

2Cases cited2 opinions

  1. Pengelly v. PeelerMontana Supreme Court · 1909
  2. Mantle v. LargeyMontana Supreme Court · 1896

3Cited by6 opinions

  1. Worstell v. DevineMontana Supreme Court · 1959
  2. Robinson v. PetersenMontana Supreme Court · 1922
  3. Beadle v. HarrisonMontana Supreme Court · 1920
  4. White v. ConnorMontana Supreme Court · 1960
  5. State v. WheelerMontana Supreme Court · 2006

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API