Smith v. McCormick
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Pat P. Smith against’ John F. McCormick and Thomas Daly. From an order setting aside a default judgment on application of defendant Daly, plaintiff appeals.
1Opinion of the CourtJustice Holloway
In this action personal service of summons was made upon defendant Daly on August 21, 1913, and his default entered on September 11, for want of an appearance. Thereafter proof was submitted by the plaintiff and a verdict in his favor returned and judgment entered. On June 5, 1914, defendant Daly moved the court to set aside the default and permit him to answer. The motion was granted and plaintiff appealed.
Section 6589, Revised Codes, authorizes a court to set aside [1] a default entered through mistake, inadvertence, surprise or excusable neglect, provided application therefor be made…
2Cases cited2 opinions
- State ex rel. Happel v. District CourtMontana Supreme Court · 1909
- State ex rel. Smotherman v. District CourtMontana Supreme Court · 1915
3Cited by8 opinions
- Brothers v. BrothersMontana Supreme Court · 1924
- Kosonen v. WaaraMontana Supreme Court · 1930
- Hodson v. O'KeeffeMontana Supreme Court · 1924
- State Ex Rel. Hahn v. District CourtMontana Supreme Court · 1928
- Commonwealth Trust Co. v. LorainIdaho Supreme Court · 1927
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