Legal Opinion

Mayhew v. Standard Gilsonite Company

Utah Supreme Court

Decided December 7, 1962No. 9652, 9653PublishedCited by 23 opinions

1Opinion of the Court

CROCKETT, Justice.

This appeal reviews the denial of motions to set aside default judgments based on Rule 60(b) U.R.C.P., the pertinent part of which is:

“On motion and .upon such terms as are just, the court may in the furtherance of justice relieve a party * * * from a final judgment * * * for the following reasons : (1) mistake, inadvertence, surprise, or excusable neglect * * *. The motion shall be made * * * not more than 3 months after the judgment * * * was entered * * *. (Emphasis added.)

It is undoubtedly correct that the trial court is endowed with considerable latitude of discretion…

2Cases cited4 opinions

  1. Warren v. Dixon Ranch Co.Utah Supreme Court · 1953
  2. Ney v. HarrisonUtah Supreme Court · 1956
  3. Utah Commercial & Savings Bank v. TrumboUtah Supreme Court · 1898
  4. Bylund v. CrookUtah Supreme Court · 1922

3Cited by23 opinions

  1. Lund v. BrownUtah Supreme Court · 2000
  2. Airkem Intermountain, Inc. v. ParkerUtah Supreme Court · 1973
  3. Downey State Bank v. Major-Blakeney CorporationUtah Supreme Court · 1976
  4. Pitts v. Pine Meadow Ranch, Inc.Utah Supreme Court · 1978
  5. Board of Education of the Granite School District v. CoxUtah Supreme Court · 1963

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