Murphy v. Missouri & Kansas Land & Loan Co.
North Dakota Supreme Court
From a judgment of tbe District Court of Logan County, Coffey, J., plaintiffs appeal. The court had jurisdiction over the persons of the five individual defendants. Due service had been made on each of them. They failed to answer, and a default judgment was duly entered against them. This judgment was vacated by the order of'the court without notice and without hearing; without answer and without affidavit of merits, and without an order to show cause. This was error.
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From a judgment of tbe District Court of Logan County, Coffey, J., plaintiffs appeal. The court had jurisdiction over the persons of the five individual defendants. Due service had been made on each of them. They failed to answer, and a default judgment was duly entered against them. This judgment was vacated by the order of'the court without notice and without hearing; without answer and without affidavit of merits, and without an order to show cause. This was error. Sargent v. Kindred, 5 N. D. 8, 63 N. W. 151; Wheeler v. Castor, 11 N. D. 347, 61 .L.K.A. 746, 92 N. W. 381; Freeman v. Wood,…
1Opinion of the CourtGoss, J.
This is an equitable action brought to determine adverse claims to real estate. This opinion is written after a rehearing had. Substituted service of summons was made upon the five individual defendants and one corporation defendant in 1910, and all of them appeared in due time by their attorneys of record, who served written notice of appearance and demand for a copy of the complaint on behalf of all defendants. The individual defendants have never answered, and are in default of answer, but their attorneys of record appeared for them at all times during the progress of the trial. An…
2Cases cited20 opinions
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Baltimore & Ohio Railroad v. JoySupreme Court of the United States · 1899
- Dow v. LillieNorth Dakota Supreme Court · 1914
- Roberts v. First National BankNorth Dakota Supreme Court · 1899
- Dever v. CornwellNorth Dakota Supreme Court · 1901
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3Cited by5 opinions
- Merrifield v. BucknerNew Mexico Supreme Court · 1937
- State v. RosenquistNorth Dakota Supreme Court · 1952
- Breaux v. TrahanSupreme Court of Louisiana · 1948
- Murphy v. WilsonNorth Dakota Supreme Court · 1917
- Murphy v. WilsonNorth Dakota Supreme Court · 1917