Middlefork Cattle Co. v. Todd
Montana Supreme Court
Appeal from, District Court, Cascade County; H. H. Ewing, Judge. Action by the Middlefork Cattle Company against Ira E. Todd. From an order vacating a default judgment, plaintiff appeals.
1Opinion of the CourtJustice Holloway
On August 30, 1911, the Middlefork Cattle Company commenced an aetion in the district court of Cascade county against Ira E. Todd. Personal service of the summons was made on September 15, and on October 9 the default of defendant for want of an appearance was entered, and on October 13 a judgment was rendered in favor of the plaintiff agreeably to the prayer of the complaint. Defendant immediately made a motion to set aside the judgment, open the default, and permit an answer to be filed. The motion was supported by affidavits, and a proposed answer was tendered. A counter-affidavit was…
2Cases cited9 opinions
- Bain v. . BrownNew York Court of Appeals · 1874
- McNutt v. DixMichigan Supreme Court · 1890
- Kerfoot v. HymanIllinois Supreme Court · 1869
- Mulvane v. O'BrienSupreme Court of Kansas · 1897
- Schoelkopf v. LeonardSupreme Court of Colorado · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cure v. SouthwickMontana Supreme Court · 1960
- First National Bank of Twin Bridges v. SantMontana Supreme Court · 1973
- Pascoe v. NelsonMontana Supreme Court · 1916
- Theis v. LutherCourt of Appeals for the Eighth Circuit · 1945
- State v. LaughlinMontana Supreme Court · 1937
1 more not listed; retrieve them via the Exa API.