Scilley v. Babcock
Montana Supreme Court
Appeal from District Court, Carbon County; Sydney Fox, Judge. Action by James Scilley against C. H. Babcock and another. From an order vacating a default judgment, plaintiff appeals. The sole ground upon which it was sought to set aside the judgment was the neglect of counsel. This neglect was inexcusable ; the neglect of counsel was the neglect of defendant and, being inexcusable, the court abused its discretion in vacating the judgment.
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Appeal from District Court, Carbon County; Sydney Fox, Judge. Action by James Scilley against C. H. Babcock and another. From an order vacating a default judgment, plaintiff appeals. The sole ground upon which it was sought to set aside the judgment was the neglect of counsel. This neglect was inexcusable ; the neglect of counsel was the neglect of defendant and, being inexcusable, the court abused its discretion in vacating the judgment. (23 Cyc. 939; Morris v. Wofford, 114 Ga. 935, 41 S. E. 56; Phillips v. Collier, 87 Ga. 66, 13 S. E. 260; McDaniel v. McLendon, 85 Ga. 614, 11 S. E. 869;…
1Opinion of the CourtJustice Smith
Plaintiff began his action in the district court of Carbon county to reform a written instrument, and enforce specific performance thereof after reformation. The defendants, having been regularly served with process, failed to appear and answer the complaint within the time allowed by law, whereupon, on November 2, 1908, their default was entered, and on December 17, 1908, the court rendered a decree in favor of the plaintiff in accordance with the prayer of the complaint. On January 8, 1909, the defendants served and filed a motion to vacate and set aside the judgment and open the default…
2Cases cited6 opinions
- S. C. Herbst Importing Co. v. HoganMontana Supreme Court · 1895
- Thomas v. ChambersMontana Supreme Court · 1894
- City of Helena v. BruleMontana Supreme Court · 1895
- Butte Butchering Co. v. ClarkeMontana Supreme Court · 1897
- Chambers v. City of ButteMontana Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
- Western Union Telegraph Co. v. DismangCourt of Appeals for the Tenth Circuit · 1939
- Worstell v. DevineMontana Supreme Court · 1959
- Canning v. FriedMontana Supreme Court · 1914
- First State Bank v. LarsenMontana Supreme Court · 1925
12 more not listed; retrieve them via the Exa API.