Harris v. Hessin
North Dakota Supreme Court
An appeal from the County Court of Increased Jurisdiction of Ward , County, Wm. Murray, J. The trial court has the power to relieve a person against' whom a default judgment has been taken, from such judgment, or from an order or other proceedings taken against him, within one year, upon proper application; and when such party shows reasonable excuse, mistake, or that the judgment or other proceeding was taken improvidently, it is an .abuse of discretion for the court to…
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An appeal from the County Court of Increased Jurisdiction of Ward , County, Wm. Murray, J. The trial court has the power to relieve a person against' whom a default judgment has been taken, from such judgment, or from an order or other proceedings taken against him, within one year, upon proper application; and when such party shows reasonable excuse, mistake, or that the judgment or other proceeding was taken improvidently, it is an .abuse of discretion for the court to deny relief. Comp. Laws 1913, § 6884; 32 Cyc. 406; Cline v. Duffy, 20 N. D. 525, 129 N. W. 75; Bismarck Grocery Co. v.…
1Opinion of the CourtGoss, J.
Appellant sought relief in the lower court from a judgment taken against him by default. The record on this appeal presents a review of the decision of the lower court upon this issue. The matter has been here before. An opinion upon practice questions was written in Harris v. Hassin, found in 30 N. D. 33, 151 N. W. 4. Therein a remand was ordered, and the case is now here upon the former record, supplemented by the depositions of the county judge and clerk of the county court, since taken, and certain affidavits. All questions of law involved have been heretofore settled in this jurisdiction.
2Cases cited3 opinions
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Harris v. HessinNorth Dakota Supreme Court · 1915
- Wannemacher v. VanceNorth Dakota Supreme Court · 1912
3Cited by5 opinions
- Haggard v. First National Bank of MandanNorth Dakota Supreme Court · 1943
- Jesse French & Sons Piano Co. v. GettsNorth Dakota Supreme Court · 1923
- Tooz v. ToozNorth Dakota Supreme Court · 1949
- Bucholz v. HarthunNorth Dakota Supreme Court · 1931
- Peterson v. FinneganNorth Dakota Supreme Court · 1920