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…
1Opinion of the CourtGrace, J.
This is an appeal from an order vacating a judgment entered in favor of plaintiffs.
The action was commenced in September, 1917, to recover the sum of $85, which plaintiffs claimed to be due them for drilling a well for the defendant upon his farm, the northeast quarter of Section 14, Township 159, Range 72, Rolette county, North Dakota; and, further, to foreclose a certain mechanic’s lien filed against the premises to secure said sum.
The defendant interposed an answer, which placed in issue every material allegation of the complaint. The answer sets forth a warranty, to the effect that the…
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