Murphy v. Minot Foundry & Machine Co.
North Dakota Supreme Court
Appeal by defendant from an order of the County Court of Increased Jurisdiction of Ward County, N. Davis, J., refusing to vacate a judgment entered on default in an action brought to recover wages alleged to be due. Until there had first been a ruling by the court on the motion of defendant adverse to it, no judgment by default for failure to answer could properly be entered.
Read the full summary
Appeal by defendant from an order of the County Court of Increased Jurisdiction of Ward County, N. Davis, J., refusing to vacate a judgment entered on default in an action brought to recover wages alleged to be due. Until there had first been a ruling by the court on the motion of defendant adverse to it, no judgment by default for failure to answer could properly be entered. Smalley v. Lasell, 26 S. D. 239, 128 H. W. 142. Hot necessary to have formal findings when the defendant does not appear, and the judgment may be entered by direct order of the court without such findings and…
1Opinion of the CourtGoss, J.
This appeal involves the propriety of an order of the lower court refusing to vacate a default judgment on the application therefor of this appellant. This action was begun by the personal service of a summons and complaint on October 5, 1910, upon one Grow, as director of the defendant corporation. Five days thereafter, on October 10, 1910, there was served upon the attorney for plaintiff an instrument designated “motion to dismiss,” entitled in the action, the body of which motion reads:
Comes now C. A. Grow, the person upon whom the complaint was served in the foregoing entitled matter, and…
2Cases cited2 opinions
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Wannemacher v. VanceNorth Dakota Supreme Court · 1912
3Cited by1 opinion
- Crane v. First National Bank of McHenryNorth Dakota Supreme Court · 1913