Racine-Sattley Manufacturing Co. v. Pavlicek
North Dakota Supreme Court
Appeal from the District Court of Stark county from an order vacating a default judgment made by Crawford, J. One who would open a default judgment must, by affidavit, answer, or both, show a good defense on the merits, and excuse his failure to-appear in the case. Sargent v. Kindred, 5 N. D. 8, 63 N. W. 151 Wheeler v. Castor, 11 N. D. 347, 61 L.R.A. 746, 92 N. W. 381, 23> Cyc. Law & Proc. p-. 930, note 32. Ignorance only excuses in extreme cases.
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Appeal from the District Court of Stark county from an order vacating a default judgment made by Crawford, J. One who would open a default judgment must, by affidavit, answer, or both, show a good defense on the merits, and excuse his failure to-appear in the case. Sargent v. Kindred, 5 N. D. 8, 63 N. W. 151 Wheeler v. Castor, 11 N. D. 347, 61 L.R.A. 746, 92 N. W. 381, 23> Cyc. Law & Proc. p-. 930, note 32. Ignorance only excuses in extreme cases. Sutton v. Gunn, 86 Ga.. 652, 12 S. E. 979. Motion to vacate is addressed to sound discretion, and ruling reversed only for abuse. Bosebud Lumber…
1Opinion of the CourtGoss, J.
Plaintiff appeals from an order made March 6, 1909, vacating a judgment entered February 2, 1909, by default, for $2,856, against several defendants, one of whom is the respondent. Personal service of summons and complaint was had on respondent on January 2, 1909; execution was levied on defendant’s real estate on February-8th, and on February 19th, by her attorneys, motion was made to vacate said judgment, with leave to file answer, and on hearing granted-Such hearing was had on defendant’s affidavit of merits and a proposed’ verified answer with supporting affidavit, and a plaintiff’s…
2Cases cited23 opinions
- Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
- Martinson v. MarzolfNorth Dakota Supreme Court · 1905
- Meech v. LeeMichigan Supreme Court · 1890
- Minnesota Thresher Manufacturing Co. v. HolzNorth Dakota Supreme Court · 1900
- Kitzman v. Minnesota Thresher Manufacturing Co.North Dakota Supreme Court · 1900
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Galloway v. GallowayNorth Dakota Supreme Court · 1979
- First Federal Savings & Loan Ass'n of Bismarck v. HulmNorth Dakota Supreme Court · 1982
- Jesse French & Sons Piano Co. v. GettsNorth Dakota Supreme Court · 1923
- Johannes v. CoghlanNorth Dakota Supreme Court · 1912
- Lambert v. BrownNorth Dakota Supreme Court · 1911
14 more not listed; retrieve them via the Exa API.