Jensen v. Barbour
Montana Supreme Court
Appeal from, Eighth, Judicial District, Cascade County. Action for damages for personal injuries. Plaintiff appeals from an order by Benton, J., granting defendant’s motion to vacate a default and judgment. Statement of tbe facts, prepared by the judge delivering the opinion. The plaintiff appeals from an order setting aside a judgment by default, which judgment was in favor of plaintiff, and against defendant, for the sum of five thousand dollars and costs.
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Appeal from, Eighth, Judicial District, Cascade County. Action for damages for personal injuries. Plaintiff appeals from an order by Benton, J., granting defendant’s motion to vacate a default and judgment. Statement of tbe facts, prepared by the judge delivering the opinion. The plaintiff appeals from an order setting aside a judgment by default, which judgment was in favor of plaintiff, and against defendant, for the sum of five thousand dollars and costs. The cause of action was for personal injuries sustained upon defendant’s street railway line. The summons was served January 20, 1892,…
1Opinion of the Court
Be Witt, J.—
It is not quite clear from the record when the nunc pro tunc order of March 21st was actually made. Respondent, in his brief, assumes that it was actually made on March 24th, nunc pro tunc of March 21st. Appellant, in his reply brief, does not controvert this assumption. If this be correct, then the court granted the motion of March 21st after it had been withdrawn. This would be something very unusual. The record says that the order was made March 21st, and was filed in writing March 24th, and that the leave to withdraw the motion was made after the order granting it. The facts…
2Cases cited21 opinions
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- Welch v. ChallenSupreme Court of Kansas · 1884
- Coleman v. RankinCalifornia Supreme Court · 1869
- Smith v. TunsteadCalifornia Supreme Court · 1880
- Garner v. ErlangerCalifornia Supreme Court · 1890
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3Cited by22 opinions
- Cardenas v. Superior CourtCalifornia Supreme Court · 1961
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Calhoun v. GreeningAlaska Supreme Court · 1981
- Continental Oil Co. v. Osage Oil & Refining Co.Court of Appeals for the Tenth Circuit · 1934
- Brion v. BrownMontana Supreme Court · 1959
17 more not listed; retrieve them via the Exa API.