Sweeney v. Schlessinger
Montana Supreme Court
Appeal from First • Judicial District, Lewis and ClaFke Cov/nty. Action by judgment creditor. Judgment on the pleadings was rendered for the plaintiff below by Hunt, J. Statement of the case by the justice delivering the opinion. This is an appeal from a judgment rendered upon the pleadings, and also an appeal from an order refusing to open the default of defendant Welch.
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Appeal from First • Judicial District, Lewis and ClaFke Cov/nty. Action by judgment creditor. Judgment on the pleadings was rendered for the plaintiff below by Hunt, J. Statement of the case by the justice delivering the opinion. This is an appeal from a judgment rendered upon the pleadings, and also an appeal from an order refusing to open the default of defendant Welch. The complaint of the plaintiff alleges that he had, in another action, recovered judgment for $662.30 against the defendants Schlessinger and Welch; that an execution was issued upon that judgment; that at that time E. D.…
1Opinion of the CourtDe Witt, J.
The motion to open the default of Welch was upon the ground of alleged excusable neglect. The motion was heard upon the affidavits of the respective counsel for Welch and the plaintiff. The respondent now contends that, by reason of some question of practice, the order denying the motion to open the default is not properly before us. But, without passing upon that question, we are satisfied to say that we cannot find any abuse of discretion in the order of the district court which would justify us in reversing it.
The other question is whether judgment should have been rendered upon the…
Also in this document: Concurrence.
2Cases cited7 opinions
- Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
- McKernan v. . RobinsonNew York Court of Appeals · 1881
- Farrington v. SextonMichigan Supreme Court · 1880
- Claflin v. McDermottU.S. Circuit Court for the District of Southern New York · 1882
- Dawson v. MariaOregon Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wilson v. HarrisMontana Supreme Court · 1898
- Mack Manufacturing Co. v. Smoot & Co.Supreme Court of Virginia · 1904
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