Morse v. Callantine
Montana Supreme Court
Appeal from District Court, Gallatin County; F. K. Armstrong, Judge. Action by Ebenezer Morse against Felix Callantine. Plaintiff had judgment by default, and defendant appeals. Statement of the facts by the justice delivering the opinion.
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Appeal from District Court, Gallatin County; F. K. Armstrong, Judge. Action by Ebenezer Morse against Felix Callantine. Plaintiff had judgment by default, and defendant appeals. Statement of the facts by the justice delivering the opinion. The plaintiff in this case brought this action against defendants Stillman Huling and Felix Callantine, alleging in his complaint that in March, 1893, he was the owner and in possession of 520 acres of land described in the complaint, and that on the'16th day of March, 1893, he sold said land to the defendant Huling, reserving unto himself the right to use…
1Opinion of the CourtPemberton, C. J.
The only question we deem it necessary to determine in this case is as to whether the district court erred in refusing to open and set aside the judgment by default entered in the case against the defendant Calamine. If the court in this matter abused that sound discretion which should control in such cases, then its action was erroneous. To determine this question we must consider all the facts and circumstances of the case as they were presented to the court at the time of the ruling on the motion to set aside the judgment by default. From the facts as shown in the affidavits of both of the…
2Cases cited2 opinions
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