Smith v. Franklin Fire Insurance
Montana Supreme Court
Appeals from, District Court, Cascade County; R. R. Diving, Judge. Action by Daisey E. Smith against the Franklin Fire Insnranee Company of Philadelphia, Pennsylvania. Judgment for tbe plaintiff upon defendant’s default, an a from the order overruling motion to vacate the judgment and to permit defendant to file an answer, defendant appeals.
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Appeals from, District Court, Cascade County; R. R. Diving, Judge. Action by Daisey E. Smith against the Franklin Fire Insnranee Company of Philadelphia, Pennsylvania. Judgment for tbe plaintiff upon defendant’s default, an a from the order overruling motion to vacate the judgment and to permit defendant to file an answer, defendant appeals. Where service of process is irregular a default entered against defendant and a judgment by default should be set aside without a showing of excusable neglect or inadvertence. (Brown v. Gaston & Simpson etc. Min. Go., 1 Mont. 57, 63.) It is good grounds…
1Opinion of the CourtJustice Holloway
This action was brought to recover upon a policy of fire insurance. Summons was issued and served, but defendant failed to appear within the time allowed by law, and its default was entered and a judgment rendered in favor of the *445plaintiff for the amount claimed in the complaint. Thereafter the defendant moved the .court to set aside the default, vacate the judgment, and permit the defendant to file an answer, which was tendered. The grounds of the motion were that service of the summons was irregular and defective, and that the complaint does not state facts sufficient to constitute a cause…
2Cases cited14 opinions
- Da Rin v. Casualty Co. of AmericaMontana Supreme Court · 1910
- Sutton v. LowryMontana Supreme Court · 1909
- Cowan v. Phenix InsuranceCalifornia Supreme Court · 1889
- Hinderager v. MacGinnissMontana Supreme Court · 1921
- Clemens v. American Fire Insurance of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. Bingham v. District CourtMontana Supreme Court · 1927
- Hogevoll v. HogevollMontana Supreme Court · 1945
- State Ex Rel. Westlake v. District Court of First Judicial DistrictMontana Supreme Court · 1946
- Mills v. Equitable Life Assurance Society of U SOhio Court of Appeals · 1938
- State Ex Rel. Goldstein v. District CourtMontana Supreme Court · 1934