Legal Opinion

J. I. Case Threshing Machine Co. v. Simpson

Montana Supreme Court

Decided January 4, 1918No. 3,844PublishedCited by 10 opinions

Appeal from ■ District Court, Valley County; F. N.-Utter, Judge. Action by the J. I. Case Threshing Machine Company against John H. Simpson. From a default judgment for plaintiff and an order denying his motion to vacate the same, defendant appeals.

1Opinion of the Court

MR. ■ JUSTICE HOLLOWAY

delivered the opinion of the court.

In January, 1915, the J. I. Case Threshing Machine Company, a corporation, commenced this action to enforce payment of three promissory notes. The defendant first interposed a general demurrer, which was overruled, and then answered. At the time the cause was set for trial, defendant and his counsel failed to appear, and judgment was rendered in favor of plaintiff for [1] the full amount claimed. On the day following, counsel for defendant made formal application to have the judgment set aside and the cause tried on its merits. The…

2Cases cited1 opinion

  1. Meadowcraft v. WalshMontana Supreme Court · 1895

3Cited by10 opinions

  1. Tardiff v. Shoreline School DistrictWashington Supreme Court · 1966
  2. Lefebure v. BakerMontana Supreme Court · 1923
  3. Continental Supply Co. v. WhiteMontana Supreme Court · 1932
  4. Albergo v. GigliottiUtah Supreme Court · 1938
  5. Young v. BrayMontana Supreme Court · 1918

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