Martin v. De Loge
Montana Supreme Court
Appeal from, Third Judicial District, Deer Lodge County. Action for money loaned and goods sold and delivered. Plaintiff had judgment below on default. Defendant’s motion to open default was granted by Durfee, J. Statement of the case by the justice delivering the opinion. Action for money loaned and goods sold and delivered. Default judgment entered against defendant. Defendant moved to set aside the default on the ground of excusable neglect.
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Appeal from, Third Judicial District, Deer Lodge County. Action for money loaned and goods sold and delivered. Plaintiff had judgment below on default. Defendant’s motion to open default was granted by Durfee, J. Statement of the case by the justice delivering the opinion. Action for money loaned and goods sold and delivered. Default judgment entered against defendant. Defendant moved to set aside the default on the ground of excusable neglect. To support his motion he filed an affidavit substantially to the effect that he had placed his defense, which was meritorious, in his attorney’s…
1Opinion of the CourtHunt, J.
— The power of the district courts to make reasonable rules and regulations for governing and facilitating their practice and procedure in reference to all matters not provided for by law is expressly conferred by section 523 of the Code of Civil Procedure.
But, when the power lias been exercised and a rule adopted, courts, as well as the members of the bar, should respect the same, and regulate their conduct in conformity therewith. (Coyote etc. Co. v. Ruble, 9 Or. 121; Hawley v. Bank, 20 Nev. 410; Malony v. Hunt, 29 Mo. App. 379; Lancaster v. Waukegan etc. Ry., 24 N. E. Rep. 629; Treishel v.…
2Cases cited4 opinions
- Haley v. Eureka County BankNevada Supreme Court · 1889
- Coyote G. & S. M. Co. v. RubleOregon Supreme Court · 1881
- Maloney v. HuntMissouri Court of Appeals · 1888
- Treishel v. McGillAppellate Court of Illinois · 1888
3Cited by11 opinions
- Bullard v. ZimmermanMontana Supreme Court · 1928
- State ex rel. Nissler v. DonlanMontana Supreme Court · 1905
- Western Union Telegraph Co. v. DismangCourt of Appeals for the Tenth Circuit · 1939
- State v. KacarMontana Supreme Court · 1925
- Thompson v. Union Trust Co.Michigan Supreme Court · 1902
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