Hogg v. Christenson
North Dakota Supreme Court
From an order of tbe District Court of Barnes County, Coffey, L, denying an application to vacate a judgment taken by default, both defendant and intervener appeal. "Where the thirty-day period allowing a defendant to answer expires on a holiday, he may serve his answer on the first following business day. A defendant so answering is not in default, and a judgment entered against him under such a state of facts should be vacated on motion. 21 Enc. PI. & Pr. 705; 19 Enc.
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From an order of tbe District Court of Barnes County, Coffey, L, denying an application to vacate a judgment taken by default, both defendant and intervener appeal. "Where the thirty-day period allowing a defendant to answer expires on a holiday, he may serve his answer on the first following business day. A defendant so answering is not in default, and a judgment entered against him under such a state of facts should be vacated on motion. 21 Enc. PI. & Pr. 705; 19 Enc. PL & Pr. 603; 31 Cyc. 597, 598; Blackwood v. Cutting Packing Co. 71 Cal. 461, 12 Pac. 493; Eries v. Coar, 19 Abb. N. C. 267;…
1Opinion of the CourtGoss, J.
Complaint was served, March 8, 1912. Answer was served on plaintiff’s attorney on Monday, April 8, 1912, the last day of the thirty-day period for answer being Sunday. The answer was returned as served too late. On April 8 plaintiff’s attorney made the usual affidavit of default and proof of claim, and forwarded the same with pleadings to the district judge, with an application for judgment by default. Judgment was ordered April 9, and entered the next day. Plaintiff’s attorney acted in good faith, supposing the time for answer to have expired with Sunday, April 7, and had forwarded proof of…
2Cases cited2 opinions
- Kitzman v. Minnesota Thresher Manufacturing Co.North Dakota Supreme Court · 1900
- Styles v. DickeyNorth Dakota Supreme Court · 1912
3Cited by2 opinions
- Phillips v. JohnsonNorth Dakota Supreme Court · 1924
- Friesz v. OlsnessNorth Dakota Supreme Court · 1924