Legal Opinion

Agua Fria Copper Co. v. Bashford-Burmister Co.

Arizona Supreme Court

Decided January 24, 1894No. Civil No. 406PublishedCited by 4 opinions

APPEAL from a judgment of the District Court of the Fourth Judicial District in and for the County of Yavapai. John J. Hawkins, Judge. The facts are stated in the opinion.

1Opinion of the CourtBaker, C. J.

Plaintiff below instituted suit upon a stated account, to recover a balance of $421.10. The time for answering having expired, the 'clerk entered the default of the appellant, who, of course, was the defendant. Subsequently to such entry of default, the appellant filed its answer, consisting of an exception to the complaint, a motion to make more definite, and a general denial. Upon motion, this answer was stricken from the files, or, which is virtually the same thing, set aside, for the reason that it was filed- after the time had expired for answering, and a default had been entered. This…

2Cases cited2 opinions

  1. Wells, Fargo & Co. v. Northern Pac. Ry. Co.United States Circuit Court · 1884
  2. Carver Mercantile Co. v. HulmeMontana Supreme Court · 1888

3Cited by4 opinions

  1. Liggett's PetitionSupreme Court of Pennsylvania · 1927
  2. Chicago, R. I. & P. R. Co. v. StateSupreme Court of Oklahoma · 1921
  3. Watton v. CruceSupreme Court of Oklahoma · 1914
  4. Central Trust Co. v. WarrenCourt of Appeals for the Ninth Circuit · 1903

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