Bowen v. Webb
Montana Supreme Court
Appeal from, District Court, Carbon County; Frank Henry, Judge. Action by Ellen Bowen against Samuel Webb. From a judgment denying a motion to set aside a default judgment in favor of plaintiff and permit defendant to file a demurrer to tbe complaint, he appeals. Statement op the Case, by the Justice Delivering the Opinion.
Read the full summary
Appeal from, District Court, Carbon County; Frank Henry, Judge. Action by Ellen Bowen against Samuel Webb. From a judgment denying a motion to set aside a default judgment in favor of plaintiff and permit defendant to file a demurrer to tbe complaint, he appeals. Statement op the Case, by the Justice Delivering the Opinion. In tbis case there is an appeal to tbis court from a judgment by default rendered in tbe district court of Carbon county on May 8, 1905, and an attempted appeal from an order of tbe district court refusing to set aside tbe default, which order was made on February 21,…
1Opinion of the CourtJustice Holloway
1. The order, made before 'final judgment, refusing to set aside the default is not an appealable order. (Section 1722 of *65the Code of Civil Procedure, as amended by an Act of the Sixth Legislative Assembly [Session Laws, 1899, p. 146].)
2. This court does not take judicial notice of the provisions of rules of district courts. (Code Civ. Proc., sec. 3150.)
3. The granting or refusing to grant a motion to set aside a default is within the sound legal discretion of the trial court, and the appellant here assumes the burden of showing facts which made the denial of his motion a manifest abuse of…
2Cases cited8 opinions
- S. C. Herbst Importing Co. v. HoganMontana Supreme Court · 1895
- Thomas v. ChambersMontana Supreme Court · 1894
- City of Helena v. BruleMontana Supreme Court · 1895
- Morse v. CallantineMontana Supreme Court · 1897
- Donnelly v. ClarkMontana Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Crawford v. PierseMontana Supreme Court · 1919
- Bullard v. ZimmermanMontana Supreme Court · 1928
- Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
- Smith v. CollisMontana Supreme Court · 1910
- Reynolds v. Gladys Belle Oil Co.Montana Supreme Court · 1926
19 more not listed; retrieve them via the Exa API.