Mantle v. Largey
Montana Supreme Court
Appeal from, Second Judicial District, Silver Bow County. Defendant’s motion to vacate the judgment was granted by Speer, J. Statement of the case by the justice delivering the opinion. This is an appeal from an order of the district court setting aside the default of the defendant, and the judgment in favor of plaintiff in pursuance to that default.
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Appeal from, Second Judicial District, Silver Bow County. Defendant’s motion to vacate the judgment was granted by Speer, J. Statement of the case by the justice delivering the opinion. This is an appeal from an order of the district court setting aside the default of the defendant, and the judgment in favor of plaintiff in pursuance to that default. There are a number of questions which have been argued upon the appeal, among them the claim that the summons in this case was insufficient. But we are of opinion that the order of the district court may be sustained, upon one proposition only.…
1Opinion of the CourtDe Witt, J.
We are very clearly of opinion that this order must be sustained. Such orders are largely in the discretion of the trial court. There surely was no abuse of discretion in this case. The two cases were filed under the same title, and involved the same subjects. They were in different depart-, ments of the same court. Defendant’s counsel was informed that he (defendant) had been sued in the matter of the relations of the parties to the Speculator mining claim. As counsel did not understand that there were two suits, and as he,did find one, and appeared therein, we think that it was excusable…
2Cited by5 opinions
- Pengelly v. PeelerMontana Supreme Court · 1909
- Eder v. BereolosMontana Supreme Court · 1922
- Greene v. RowanMontana Supreme Court · 1903
- Eakins v. KemperMontana Supreme Court · 1898
- Voelker v. Golden Curry Con. Mining Co.Montana Supreme Court · 1910