Simpkins v. Simpkins
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Action for divorce. Defendant’s motion to vacate the judgment was denied by Durfee, J. Statement of the case by the court. This is an action for divorce, commenced by filing complaint March 23, 1892, in the third judicial district court in and for Deer Lodge county, the plaintiff alleging that he was a resident of that county.
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Appeal from Third Judicial District, Deer Lodge County. Action for divorce. Defendant’s motion to vacate the judgment was denied by Durfee, J. Statement of the case by the court. This is an action for divorce, commenced by filing complaint March 23, 1892, in the third judicial district court in and for Deer Lodge county, the plaintiff alleging that he was a resident of that county. It appears that defendant was at the city of La Crosse, Wisconsin, at the time of the commencement of the action. The service of summons was by publication, and by mailing a copy thereof to defendant at LaCrosse.…
1Per curiam
The motion of defendant in this case to open the default was upon the ground of alleged excusable neglect on her part. The Code of Civil Procedure provides that “the court may .... relieve a party, or his legal representatives, from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect.” (§ 116.)
Defendant contends upon her motion that, if there were any neglect on her part in allowing default and judgment to go against her, it was excusable. It is perfectly evident from all the facts shown by defendant’s affidavit, and by…
2Cited by10 opinions
- Brothers v. BrothersMontana Supreme Court · 1924
- Hall v. HallMontana Supreme Court · 1924
- McCormick v. McCormickMontana Supreme Court · 1975
- Nichells v. NichellsNorth Dakota Supreme Court · 1895
- Audit Services, Inc. v. Kraus Construction, Inc.Montana Supreme Court · 1980
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