Peterson v. Finnegan
North Dakota Supreme Court
Appeal from an order vacating a judgment. The trial court was without jurisdiction to amend an order appealed from after the statutory period for appeal had expired. Milder v. Thompson, 31 N. D. 147. ! The discretionary power vested in courts to relieve litigants from default should be liberally exercised in the furtherance of justice. Bucknell v. Archer, 29 S. D. 22, 135 N. W. 675; Montija v. Sherer, 5 Cal.
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Appeal from an order vacating a judgment. The trial court was without jurisdiction to amend an order appealed from after the statutory period for appeal had expired. Milder v. Thompson, 31 N. D. 147. ! The discretionary power vested in courts to relieve litigants from default should be liberally exercised in the furtherance of justice. Bucknell v. Archer, 29 S. D. 22, 135 N. W. 675; Montija v. Sherer, 5 Cal. App. 736, 91 Pac. 261; Griswold Linseed Oil Co. v. Lee, 1 S. D. 531, .47 N. W. 955; Rosebud Lumber Co. v. Serr, 22 S. D. 389, 117 N. W. 1042. Excusable neglect means a lack of attention…
1Concurrence
Christianson, Oh. J.
(concurring). I concur in the opinion prepared by Mr. Justice Grace.
I believe that Judge Cooley had authority to hear and determine the application to vacate the default. See § 7941, Comp. Laws 1913; Gould v. Duluth & D. Elevator Co. 3 N. D. 96, 54 N. W. 316; Bruegger v. Cartier, 20 N. D. 72, 126 N. W. 491.
I also believe that there was a sufficient showing to justify the trial court in vacating the default. In fact, a stronger ease of excusable neglect was presented in this case than that shown in Westbrook v. *107Rice, 28 N. D. 324, 148 N. W. 827, wherein this court reversed…
2Cases cited6 opinions
- Horton v. Wright, Barrett, & Stilwell Co.North Dakota Supreme Court · 1919
- Bruegger v. CartierNorth Dakota Supreme Court · 1910
- Westbrook v. RiceNorth Dakota Supreme Court · 1914
- Gould v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1893
- Harris v. HessinNorth Dakota Supreme Court · 1915
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