Donlan v. Thompson Falls Copper & Milling Co.
Montana Supreme Court
Appeal from District Court, Sanders County; Henry L. Myers, Judge. Suit by Edward Donlan against tbe Thompson Falls Copper & Milling Company and others. From an order denying defendants’ motion to vacate and set aside a default judgment, they appeal. Did the court abuse its discretion in denying the application to have the default set aside? We contend that the notice of motion, with the affidavits, constituted such appearance as would prevent any default.
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Appeal from District Court, Sanders County; Henry L. Myers, Judge. Suit by Edward Donlan against tbe Thompson Falls Copper & Milling Company and others. From an order denying defendants’ motion to vacate and set aside a default judgment, they appeal. Did the court abuse its discretion in denying the application to have the default set aside? We contend that the notice of motion, with the affidavits, constituted such appearance as would prevent any default. The question now involved presents for consideration subdivision 2 of the Act of 1905 [now section 6719, Revised Codes], and it provides,…
1Opinion of the CourtJustice Smith
This is an appeal from an order of .the district court of Sanders county, denying the defendants’ motion to vacate and set aside a judgment by default.
The action was brought to establish plaintiff’s alleged prior right to the use of certain waters of Thompson river; the complaint alleging that defendants have interfered therewith. Both temporary and permanent injunctive relief and general relief were prayed for. The summons was personally served on all of the defendants on August 17, 1909. On the same date a temporary restraining order was issued and served. On September 4, 1909, all of the…
2Cases cited25 opinions
- Greene v. Montana Brewing Co.Montana Supreme Court · 1905
- Bowen v. WebbMontana Supreme Court · 1906
- S. C. Herbst Importing Co. v. HoganMontana Supreme Court · 1895
- Scilley v. BabcockMontana Supreme Court · 1909
- Mantle v. CaseyMontana Supreme Court · 1904
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- Atkinson v. Roosevelt CountyMontana Supreme Court · 1923
- Missoula Belt Line Ry. Co. v. SmithMontana Supreme Court · 1920
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