Legal Opinion

Swilling v. Cottonwood Land Co.

Montana Supreme Court

Decided December 23, 1911No. 3,039PublishedCited by 7 opinions

Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by S. R. Swilling and another against the Cottonwood Land Company. From a judgment for plaintiffs, and from an order refusing to set aside a default, defendant appeals.

1Opinion of the CourtJustice Holloway

The defendant appealed from a judgment and from an order of the district court refusing to set aside a default.

The action was commenced on September 28, 1910. On October 13 the defendant filed a demurrer to the complaint and a motion for change of venue. The motion was denied and the demurrer noticed for hearing, but on November 19 counsel for *341the respective parties stipulated that the demurrer should be withdrawn, and defendant given to and including December 9 within which to answer. An answer was not filed, and on December 12 a judgment by default in favor of plaintiff was rendered and…

2Cases cited9 opinions

  1. Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
  2. Bowen v. WebbMontana Supreme Court · 1906
  3. S. C. Herbst Importing Co. v. HoganMontana Supreme Court · 1895
  4. Scilley v. BabcockMontana Supreme Court · 1909
  5. Thomas v. ChambersMontana Supreme Court · 1894

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Reynolds v. Gladys Belle Oil Co.Montana Supreme Court · 1926
  2. Holen v. PhelpsMontana Supreme Court · 1957
  3. Eder v. BereolosMontana Supreme Court · 1922
  4. Middle States Oil Corp. v. Tanner-Jones Drilling Co.Montana Supreme Court · 1925
  5. Kersten v. ColemanMontana Supreme Court · 1914

2 more not listed; retrieve them via the Exa API.

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