G. Somers & Co. v. Wilson
North Dakota Supreme Court
Appeal from the County Court of Cass County, A. G. Hanson, J. Erom an order refusing to relieve defendant from a default judgment, he appeals. The rule adopted by our supreme court requires a very liberal com struction of our statute relating to relief from default judgments. Rev-Codes 1905, § 6884, Comp. Laws 1913, § 1483; Citizens’ Nat. Bank v. Branden, 19 N. D. 489, 21 L.R.A.(N.S.) 858, 126 N. W. 102;, Barrie v. Northern Assur.
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Appeal from the County Court of Cass County, A. G. Hanson, J. Erom an order refusing to relieve defendant from a default judgment, he appeals. The rule adopted by our supreme court requires a very liberal com struction of our statute relating to relief from default judgments. Rev-Codes 1905, § 6884, Comp. Laws 1913, § 1483; Citizens’ Nat. Bank v. Branden, 19 N. D. 489, 21 L.R.A.(N.S.) 858, 126 N. W. 102;, Barrie v. Northern Assur. Co. 99 Minn. 212, 109 N. W. 248. Such statutes are remedial in their character and application, and are intended to furnish a simple, speedy, and efficient means of…
1Opinion of the Court
Fisk, Oh. J.
Plaintiff had judgment by default in the county court of Cass county; and from an order refusing to relieve defendant from such default and to permit him to defend upon the merits, he appeals.
The facts disclosed at the hearing of such motion in the court below, and which are shown by the record before us on this appeal, are not seriously in dispute, and, briefly stated, are as follows:
The summons and complaint were served upon defendant in Mountrail county, the place of his residence, on February 28, 1914, and on that date he retained his attorney, Boy O. Miller, to whom he made a…
2Cases cited3 opinions
- Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Cline v. DuffyNorth Dakota Supreme Court · 1910