Scottish American Mortgage Co. v. Reeve
North Dakota Supreme Court
Appeal from District Court, Traill County; Pollock, J. Action by the Scottish-American Mortgage Company, Limited, against Harriett E. Reeve and others. Motion by defendants to set aside the judgment was denied, and they appeal. The first judgment herein was rendered October 31st, 1896, during the June term of court. This was set aside and a new judgment entered at a subsequent term, and without notice to defendants. All judgments become final at the end of the term.
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Appeal from District Court, Traill County; Pollock, J. Action by the Scottish-American Mortgage Company, Limited, against Harriett E. Reeve and others. Motion by defendants to set aside the judgment was denied, and they appeal. The first judgment herein was rendered October 31st, 1896, during the June term of court. This was set aside and a new judgment entered at a subsequent term, and without notice to defendants. All judgments become final at the end of the term. Proceedings taken after that time to set aside a judgment must be upon notice to all parties affected. Freeman on Judgments, § §…
1Opinion of the CourtBartholomew, J.
This case was before us at our October term, 1897. See 7 N. D. 99. We then affirmed the judgment appealed from. After the remittitur was sent down, the defendants moved in the District Court to set the judgment aside on the ground that the judgment was void, and the court without jurisdiction to enter the same. The judgment thus attacked was dated April 17, 1897, and the ground of the attack, brieflly stated, was the fact that on October 31, 1896, the court entered judgment in the case against these defendants; said defendants having entered no appearance and served no answer in the case.…
2Cases cited4 opinions
- Crockett v. GraySupreme Court of Kansas · 1884
- Damon v. DeBarMichigan Supreme Court · 1893
- Zimmerman v. TurnerWisconsin Supreme Court · 1869
- Scottish American Mortgage Co. v. ReeveNorth Dakota Supreme Court · 1897
3Cited by5 opinions
- Tom Beuchler Construction, Inc. v. City of WillistonNorth Dakota Supreme Court · 1987
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Taylor v. TaylorOregon Supreme Court · 1909
- Pearce v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1937
- Jennings v. ShippNorth Dakota Supreme Court · 1966