Riglesberger v. Bailey
Court of Appeals of Kentucky
Case 102 — PETITION ORBINARY APPEAL EUOM M’CRACKEN CIRCUIT COURT. 1. A motion for a new trial must under the provisions of sec. 342 of the Civil Code be made three days from the rendition of the judgment, unless it comes within some of the exceptions provided in sec. 340 of the Civil Code. .2. After default judgment has been rendered if the defendant desires a new trial on account of accident or surprise he should tender an answer presenting a good defense.
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Case 102 — PETITION ORBINARY APPEAL EUOM M’CRACKEN CIRCUIT COURT. 1. A motion for a new trial must under the provisions of sec. 342 of the Civil Code be made three days from the rendition of the judgment, unless it comes within some of the exceptions provided in sec. 340 of the Civil Code. .2. After default judgment has been rendered if the defendant desires a new trial on account of accident or surprise he should tender an answer presenting a good defense. Hayman v. Hallam, 79 Ky., 389. .3. And when a party seeks to have a judgment set aside he should show that he has been guilty of no lack…
1Opinion of the Court
JUDGE HAZELR.IGG
delivebed the opinion op the court.
After judgment by default against ber the appellee appeared at same term and, tendering a good defense, moved to set .aside the judgment. The motion was taken under advisement and at a subsequent term, after hearing evidence on the motion, the court, sustained it, and ordered the answer filed. On a trial of the case on its merits judgment resulted in favor of the defendant. No bills of evidence or exception respecting either the motion to. set aside the judgment or the trial of the case are presented in the record. 'We are, therefore, not…
2Cited by10 opinions
- Jusino v. Morales & TioCourt of Appeals for the First Circuit · 1944
- Algee v. AlgeeCourt of Appeals of Kentucky · 1916
- Welch v. Mann'sCourt of Appeals of Kentucky (pre-1976) · 1935
- Francis v. Lilly'sCourt of Appeals of Kentucky · 1907
- State ex rel. Culbertson Ferry Co. v. District CourtMontana Supreme Court · 1914
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