Legal Opinion

First State Bank v. Krenelka

North Dakota Supreme Court

Decided September 21, 1912PublishedCited by 6 opinions

Appeal from District Court, Williams county; E. B. Goss, J. From an order relieving the respondent, garnishee, from a default judgment, plaintiff appeals.

1Opinion of the CourtFisk, J.

This is an appeal from an order of the district court relieving respondent as garnishee from a judgment taken against him by default. The application to be relieved from such default was made pursuant to the provisions of § 6884, Revised Codes 1905, which provides, in effect, that the court may, in its discretion and upon such terms as may be just at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect. Appellant’s counsel concede that such application was…

2Cases cited2 opinions

  1. Evans v. MohnSupreme Court of Iowa · 1880
  2. Bismarck Grocery Co. v. YeagerNorth Dakota Supreme Court · 1911

3Cited by6 opinions

  1. Gutierrez v. RomeroArizona Supreme Court · 1922
  2. McConnell v. MarguliesSouth Dakota Supreme Court · 1917
  3. United Accounts, Incorporated, Bismarck v. PalmerNorth Dakota Supreme Court · 1966
  4. Cross v. Hillsboro National BankNorth Dakota Supreme Court · 1917
  5. Truax v. AltonNorth Dakota Supreme Court · 1920

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