Farmers' & Merchants' Bank v. Mann
North Dakota Supreme Court
Appeal from the District Court of Morton County, S. L. Nuchols, I. From an order denying defendant’s motion to be relieved from a default, he appeals.
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Appeal from the District Court of Morton County, S. L. Nuchols, I. From an order denying defendant’s motion to be relieved from a default, he appeals. Excusable neglect in looking after his case, either by litigant or attorney, is a lack of attention to the progress of the cause, or failure to attend the trial, which is fully explained and justified by the peculiar circumstances of each case, and among the instances is the well-founded belief that the case would not be reached for trial as soon as it was. Westbrook v. Rice, 28 N. D. 324, 148 N. W. 827; Cameron v. Carroll, 67 Cal. 500, 8 Pac.…
1Opinion of the Court
Fisk, Ch. J.
This is an appeal from an order refusing to relieve defendant from a default. The cause was at issue in September, 1912, and was by plaintiff duly noticed for trial at the December, 1912, term of the district court of Morton county, but the same was not forced to trial at such term nor at any subsequent term by either party; but the same was continued over each term.by consent, until it was reached in its regular order at the December, 1913, term, at which time, in the absence of counsel for either party, the same was set for trial as the 13th jury case. At the time the case was…
2Cases cited2 opinions
- Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
- Westbrook v. RiceNorth Dakota Supreme Court · 1914
3Cited by1 opinion
- Tooz v. ToozNorth Dakota Supreme Court · 1949