Utah Commercial & Savings Bank v. Trumbo
Utah Supreme Court
Appeal from district court, Third district; A. N. Cherry, Judge. . Action by the Utah Commercial & Savings Bank against Isaac Trumbo. A judgment by default was entered, and a motion to set it aside denied. Defendant appeals. This action was brought to recover a certain sum of money alleged to be due on a promissory note.
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Appeal from district court, Third district; A. N. Cherry, Judge. . Action by the Utah Commercial & Savings Bank against Isaac Trumbo. A judgment by default was entered, and a motion to set it aside denied. Defendant appeals. This action was brought to recover a certain sum of money alleged to be due on a promissory note. The attorneys for the defendant having previously withdrawn from the case, and no answer having been filed, nor any one appearing for him when time to answer expired, judgment was entered against him in the sum of $3,287.74 and $100 attorney’s fee and costs. Afterwards a…
1Opinion of the CourtBaetch, J.
Counsel for the appellant, among other things, insists that the court, under the facts of this case, did not exercise a sound discretion in denying the motion to set aside the judgment by default, and in refusing to permit the defendant to file his answer. Counsel for the respondent contend that the motion states no ground for setting aside the default. The motion itself does not seem to appear in the record filed in this court, and therefore we are unable to scrutinize its terms. The notice does appear, and it shows that the motion was made on certain affidavits and pleadings, and by…
2Cases cited8 opinions
- Roland v. KreyenhagenCalifornia Supreme Court · 1861
- William Wolff & Co. v. Canadian Pacific RailwayCalifornia Supreme Court · 1891
- Buell v. EmerichCalifornia Supreme Court · 1890
- McCall v. ChamberlainWisconsin Supreme Court · 1861
- Fulweiler v. Hog's Back Consolidated Mining Co.California Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Westinghouse Electric Supply Co. v. Paul W. Larsen Contractor, Inc.Utah Supreme Court · 1975
- Ney v. HarrisonUtah Supreme Court · 1956
- Mayhew v. Standard Gilsonite CompanyUtah Supreme Court · 1962
- Poff v. LockridgeSupreme Court of Oklahoma · 1908
- Hodges v. AlexanderSupreme Court of Oklahoma · 1915
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