Braseth v. County of Bottineau
North Dakota Supreme Court
Appeal from District Court, Bottineau county; Cowcm, J. Action by O. A. Braseth against the County of Bottineau. Judgment for defendant, and plaintiff appeals. Affidavit should be made by the chairman of defendant’s county commissioners, not the attorney. The only reason for the failure to answer was the negligence of such chairman in not correctly informing the state’s attorney of the correct time of service of summons. The excuse is entirely insufficient.
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Appeal from District Court, Bottineau county; Cowcm, J. Action by O. A. Braseth against the County of Bottineau. Judgment for defendant, and plaintiff appeals. Affidavit should be made by the chairman of defendant’s county commissioners, not the attorney. The only reason for the failure to answer was the negligence of such chairman in not correctly informing the state’s attorney of the correct time of service of summons. The excuse is entirely insufficient. Elliott v. Shaw, 16 Cal. 377; 6 Enc. PL & Pr. 162; Union Hide, etc., Co. v. Woodley, 75 111. 435; Shay v. Chicago Clock Co., 44 Pac. 237;…
1Opinion of the CourtYoung, C. J.
The plaintiff appeals from an order of the district court of Bottineau county vacating a judgment which he had caused to be entered in this action against the defendant upon default of answer.
Counsel for appellant contends, as grounds for reversal, that (1) the defendant has not offered a sufficient excuse for his failure to answer within the statutory period, and (2) that the motion papers are not legally sufficient. We are of opinion that neither of these objections should be sustained. The action is to recover a balance of $4,095, which the plaintiff alleges is due for labor and *347material…
2Cases cited16 opinions
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- Wheeler v. CastorNorth Dakota Supreme Court · 1903
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3Cited by7 opinions
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