Blevins v. Kramer

Plaintiff appeals from an order of the District Court vacating the default of defendant and denying plaintiff’s motion for a default judgment.

On June 27, 1977, plaintiff Leila Blevins filed a complaint in the District Court, Deer Lodge County, seeking general and exemplary damages from the defendant Joie Emil Kramer based on a personal tort.

On July 22, 1977, defendant filed a motion requesting a change of venue to Powell County. This motion was subsequently denied on August 1, and defendant was allowed 20 days in which to answer.

When defendant had not filed his answer by August 24, plaintiff…