Westbrook v. Rice
North Dakota Supreme Court
Appeal from an order of the District Court of Sberidan County denying defendant’s application to vacate a judgment, ilon.
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Appeal from an order of the District Court of Sberidan County denying defendant’s application to vacate a judgment, ilon. W. H. Winchester, J. . A default judgment should be set aside where the absence of the defendant and his counsel was caused by reliance upon a statement made by plaintiff’s attorney, or by the clerk of court, that nothing would be done without notice. 23 Cyc. 932. Excusable neglect means a lack of attention to the progress of the case or failure to attend the trial, which is excused or justified by the peculiar circumstances of the case. 23 Cyc. 935, 936; Pier v. Millerd,…
1Opinion of the Court
Spalding, Oh. J.
This is an appeal from an order denying a motion to vacate a judgment. The action was brought to secure the discharge of a thousand dollar real estate mortgage. The defendant answered, ad*327mitting that he held the mortgage described, but alleged that he agreed to make a loan of that amount on plaintiff’s real estate, and had advanced on such loan the sum of $453.05, and had at all times been ready and willing to advance the balance of the thousand dollars, but that there were liens against the security which would take priority over his mortgage, and that the plaintiffs had…
2Cases cited3 opinions
- Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
- Cameron v. CarrollCalifornia Supreme Court · 1885
- In re Davis' EstateMontana Supreme Court · 1895
3Cited by10 opinions
- Galloway v. GallowayNorth Dakota Supreme Court · 1979
- Tooz v. ToozNorth Dakota Supreme Court · 1949
- Farmers' & Merchants' Bank v. MannNorth Dakota Supreme Court · 1916
- Galloway v. PatzerNorth Dakota Supreme Court · 1929
- Moilanen v. MassillNorth Dakota Supreme Court · 1949
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