Schaeffer v. Gold Cord Min. Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Huida Sebaefer against tbe Gold Cord Mining Company. From a default judgment for plaintiff, and from an order denying a motion to set tbe judgment aside, defendant appeals. Statement of the Case by the Justice Delivering the Opinion. In December, 1906, this action was commenced in tbe district court of Lewis and Clark county by filing a complaint and having a summons issued.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Huida Sebaefer against tbe Gold Cord Mining Company. From a default judgment for plaintiff, and from an order denying a motion to set tbe judgment aside, defendant appeals. Statement of the Case by the Justice Delivering the Opinion. In December, 1906, this action was commenced in tbe district court of Lewis and Clark county by filing a complaint and having a summons issued. Service of summons was made upon tbe defendant on February 14, 1907, by delivering to an officer of the defendant a copy of the summons…
1Opinion of the CourtJustice Holloway
It may be said to be the settled doctrine in this state that in an instance of this character, where a party defendant in default applies to the court to have the default set aside, he must, in addition .to excusing his default, support his application by an affidavit of merits setting forth the facts constituting his defense, or tender with his motion and affidavit a copy of his proposed answer. (Donnelly v. Clark, 6 Mont. 135, 9 Pac. 887; Bowen v. Webb, 34 Mont. 61, 85 Pac. 739.) And there is good reason for this rule. A court would not be justified in setting aside a judgment manifestly…
2Cases cited2 opinions
- Bowen v. WebbMontana Supreme Court · 1906
- Donnelly v. ClarkMontana Supreme Court · 1886
3Cited by11 opinions
- Crawford v. PierseMontana Supreme Court · 1919
- Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
- Reynolds v. Gladys Belle Oil Co.Montana Supreme Court · 1926
- State ex rel. Stephens v. District CourtMontana Supreme Court · 1911
- Holen v. PhelpsMontana Supreme Court · 1957
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