Peterson v. Crosier
Utah Supreme Court
Appeal from District Court, Sevier County; John F. Chidester, Judge. Action by Hannah Peterson against A. J. Crosier. From an order denying a motion to vacate a judgment.in favor of plaintiff, and granting defendant a new trial, he appeals. APPELLANT’S POINTS.
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Appeal from District Court, Sevier County; John F. Chidester, Judge. Action by Hannah Peterson against A. J. Crosier. From an order denying a motion to vacate a judgment.in favor of plaintiff, and granting defendant a new trial, he appeals. APPELLANT’S POINTS. While a motion to open a default is addressed largely to the discretion of the court, all doubts should be resolved in favor of the application; and where the circumstances lead the court to hesitate as to the merits of the application, an order denying such motion to vacate the default will be reversed on appeal. If the plaintiff has a…
1Opinion of the CourtMcCARTY, J.
The first question presented by this appeal is, was the showing made by appellant sufficient to entitle him to the relief demanded? Appellant cites and relies upon section 3005, Revised Statutes 18'98, in support of his contention that the court erred and that it abused its discretion in denying the motion to vacate the judgment and grant a new trial. The section referred to, so far as material here, provides that “the court . '. . in its discretion, after notice to the adverse party, upon such terms as may be just, relieve a party . . . from a judgment, order or other proceeding taken…
2Cases cited13 opinions
- Smith v. MilburnSupreme Court of Iowa · 1864
- Stoudt v. ShepherdMichigan Supreme Court · 1889
- Brown v. KingsleySupreme Court of Iowa · 1874
- Shay v. Chicago Clock Co.California Supreme Court · 1896
- Watson v. WatsonMichigan Supreme Court · 1883
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3Cited by17 opinions
- Warren v. Dixon Ranch Co.Utah Supreme Court · 1953
- Jones v. Layton/OklandUtah Supreme Court · 2009
- Ney v. HarrisonUtah Supreme Court · 1956
- Downey State Bank v. Major-Blakeney CorporationUtah Supreme Court · 1976
- Cutler v. HaycockUtah Supreme Court · 1907
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