Minnesota Thresher Manufacturing Co. v. Holz
North Dakota Supreme Court
Appeal from District Court, Ramsey County; Morgan, J. Action by the Minnesota Thresher Manufacturing Company against William Holz and others. From a judgment refusing to vacate a default judgment, defendants appeal. The power to set aside a judgment for fraud or collusion, though expressly granted by statute in many states, is not dependent noon legislative recognition. Taylor v. Sindall, 34 Mo. 38; Marbury v. McClurg, 51 Mo. 256; Mellick v. Bank, 52 la. 94, 36 Am.
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Appeal from District Court, Ramsey County; Morgan, J. Action by the Minnesota Thresher Manufacturing Company against William Holz and others. From a judgment refusing to vacate a default judgment, defendants appeal. The power to set aside a judgment for fraud or collusion, though expressly granted by statute in many states, is not dependent noon legislative recognition. Taylor v. Sindall, 34 Mo. 38; Marbury v. McClurg, 51 Mo. 256; Mellick v. Bank, 52 la. 94, 36 Am. Dec. 267. Fraud, as a ground for vacating a default, is entirely distinct from the statutory ground of mistake, inadvertence,…
1Opinion of the CourtWallin, J.
This is an appeal from an order of the District Court denying an application made by the defendant Frederick Kitzman to vacate the judgment herein as against him, and allow him (Kitzman) to answer the complaint. The ground of the action for which said judgment was entered was a promissory note for $309.92, signed by all of the defendants. Judgment for said amount, with interest, was entered in the county of Ramsey on the 22d day of June, 1892. Immediately after the entry of said judgment a transcript thereof was docketed in the county of Bottineau, N. D., in which county the defendant Kitzman…
2Cases cited18 opinions
- Douglass v. ToddCalifornia Supreme Court · 1892
- Mendell v. KimballIllinois Supreme Court · 1877
- Buck v. HavensIndiana Supreme Court · 1872
- Beatty v. O'ConnorIndiana Supreme Court · 1886
- Lake v. JonesIndiana Supreme Court · 1874
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3Cited by20 opinions
- Martinson v. MarzolfNorth Dakota Supreme Court · 1905
- Freeman v. WoodNorth Dakota Supreme Court · 1901
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Kitzman v. Minnesota Thresher Manufacturing Co.North Dakota Supreme Court · 1900
- Wheeler v. CastorNorth Dakota Supreme Court · 1903
15 more not listed; retrieve them via the Exa API.