Bazal v. St. Stanislaus Church
North Dakota Supreme Court
Appeal from District Court, Wells County; Burke, J. Action by Robert T. Roberts against tbe Enderlin Investment Co. et als. Judgment for defendant, Beiseker, and plaintiff appeals. . This case comes up on appeal from an order granting defendant’s application to vacate a default, judgment taken against it on the 2d day of September, 1909, in the district court of Walsh county.
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Appeal from District Court, Wells County; Burke, J. Action by Robert T. Roberts against tbe Enderlin Investment Co. et als. Judgment for defendant, Beiseker, and plaintiff appeals. . This case comes up on appeal from an order granting defendant’s application to vacate a default, judgment taken against it on the 2d day of September, 1909, in the district court of Walsh county. The action was brought by the plaintiff to recover for services as organist of the defendant’s church at Warsaw, in Walsh county. Service was made on Joseph Grzadzieleski, as secretary of the defendant corporation, on…
1Opinion of the CourtSpalding, J.
(After stating the facts). The motion to vacate this judgment was attempted to be brought within the terms of § 6884, Rev. Codes 1905, which provides for a court, in its discretion, relieving a party from a judgment obtained against him by his mistake, inadvertence, surprise, or excusable neglect, and the question for determination is whether the facts shown properly bring it within the terms of the statute referred to. It is elementary that the trial court, on such application, must exercise its discretion, but the discretion exercised must be a legal discretion, not an arbitrary one; it…
2Cases cited5 opinions
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
- Davis v. Steuben School TownshipIndiana Court of Appeals · 1898
- G. S. Congdon Hardware Co. v. Consolidated Apex Mining Co.South Dakota Supreme Court · 1899
- Farrar v. Consolidated Apex Mining Co.South Dakota Supreme Court · 1899
3Cited by2 opinions
- Johannes v. CoghlanNorth Dakota Supreme Court · 1912
- Fylling v. MorkNorth Dakota Supreme Court · 1920