Chambers v. City of Butte
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow Coimty. Dependant’s motion to set aside a default and judgment was-granted by McHatton, J: Statement of the case by the justice delivering the opinion. This is an appeal from the order of the district court granting a motion to open a default.
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Appeal from Second Judicial District, Silver Bow Coimty. Dependant’s motion to set aside a default and judgment was-granted by McHatton, J: Statement of the case by the justice delivering the opinion. This is an appeal from the order of the district court granting a motion to open a default. The facts upon which the motion was granted are as follows: Complaint was filed July 31, 1882. The demurrer of the city of Butte was filed January 12, 1884. On October 3, 1885, the demurrer of the city was withdrawn, and defendant granted until November 15th to answer. On March 4, 1891, no answer of…
1Opinion of the CourtDe Witt, J.
It appears that the defendant’s answer was due on November 15, 1885. About five years and a half elapsed without any answer being filed. Its default being entered, fifteen months elapsed without any effort to obtain leave to set aside the default, or to file answer when the application was made. We are of opinion that the facts set up do not show any excusable neglect. Seven years elapsed without the defendant’s making an attempt to file an answer. It is a matter of which we have knowledge, from the laws of the state, that a municipal corporation like the city of Butte is constantly…
2Cases cited2 opinions
- Thomas v. ChambersMontana Supreme Court · 1894
- City of Helena v. BruleMontana Supreme Court · 1895
3Cited by7 opinions
- Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
- Worstell v. DevineMontana Supreme Court · 1959
- Canning v. FriedMontana Supreme Court · 1914
- Scilley v. BabcockMontana Supreme Court · 1909
- Eder v. BereolosMontana Supreme Court · 1922
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