Aaron v. Holmes
Utah Supreme Court
Appeal from District Court, Third District. Hon. T. D. Lewis, Judge. Action by Max M. Aaron against G. S. Holmes. From an order denying defendant’s motion to open a' default judgment for plaintiff, • defendant appealed. STATEMENT OE PACTS. This is an appeal from a judgment entered by default in the district, court of Salt Lake county against G. S. Holmes, appellant.
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Appeal from District Court, Third District. Hon. T. D. Lewis, Judge. Action by Max M. Aaron against G. S. Holmes. From an order denying defendant’s motion to open a' default judgment for plaintiff, • defendant appealed. STATEMENT OE PACTS. This is an appeal from a judgment entered by default in the district, court of Salt Lake county against G. S. Holmes, appellant. The important question presented by the appeal relates to the ruling of the trial court in denying an application made by Holmes to vacate the judgment and set aside the default and permit him to file an answer, which he presented…
1Opinion of the CourtMcCAE'TY, C. J.
(after stating the facts as above).
The first question for consideration involves the right of respondent to withdraw his admission in writing that the default occurred “through the inadvertence and excusable neglect of defendant’s attorneys,” which admission he in this court for the first time attempts to withdraw. In his brief he says: “Any admissions as to the excusableness of the default, or, in other words, the sufficiency of the facts is an admission of law, which plaintiff may withdrew, and *55which, for the purposes of determining the law upon this appeal, he does withdraw.” Respondent…
2Cases cited2 opinions
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