Curtis v. Siebrand Bros. Circus & Carnival Co.

I concur in that part of the majority opinion in which it is held “the trial court was without jurisdiction to render or enter judgment for punitive damages. Consequently, the judgment therefor is void.” No punitive damages were alleged in the complaint, other than in the prayer thereof, which is no part of the complaint upon which liability may be bottomed.

I dissent from that part of the majority opinion reversing the trial court’s order and judgment setting aside and vacating the default judgment.

Judgments by default are not favored. The granting or refusing to set aside a default judgment…