Schwabe v. Lissner
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Plaintiff’s application for a writ of prohibition commanding a justice of the peace to refrain from hearing a motion to set aside a default and judgment entered against defendants was granted by Buck, J. I. The provisions of section 116 are as mucn a part of the Justices’ Practice Act as if they were rewritten at length therein, and a justice court has complete power under the provisions of that section to…
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Appeal from First Judicial District, Lewis and Clarice County. Plaintiff’s application for a writ of prohibition commanding a justice of the peace to refrain from hearing a motion to set aside a default and judgment entered against defendants was granted by Buck, J. I. The provisions of section 116 are as mucn a part of the Justices’ Practice Act as if they were rewritten at length therein, and a justice court has complete power under the provisions of that section to entertain motions to vacate judgments. It was insisted by respondents in the court below that this section 116 conferred a…
1Opinion of the CourtHarwood, J.
The question of law brought up for determination in this case is whether or not a justice of the peace has power to set aside a default and judgment entered thereon in his court, and permit a defense to be interposed, upon timely application, showing sufficient grounds therefor.
The facts which gave rise to this question originated in the court of Charles F. Gage, justice of the peace of the city of Helena, within and for Lewis and Clarke county, as follows: In said cause pending before said court, the default of defendants for want of answer, and judgment, were entered against them at 7:30 p.…
Also in this document: Concurrence.
2Cases cited2 opinions
- Gage v. MaryattMontana Supreme Court · 1890
- Pincus v. DowdMontana Supreme Court · 1891
3Cited by1 opinion
- Everton v. SmithDistrict Court, D. Alaska · 1902