Haggin v. Lorentz
Montana Supreme Court
Appeal from, Third Judicial District, Deer Lodge County. Ejectment. PJaintiff Lad judgment below on default. Defendant’s motion to open default was denied by Durpee, J. Statement of the case by Mr. Justice Harwood. This case stands for review on appeal from the judgment, and from an order entered after judgment overruling appellants’ motion to set aside and vacate the judgment and open the default therein entered against defendants.
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Appeal from, Third Judicial District, Deer Lodge County. Ejectment. PJaintiff Lad judgment below on default. Defendant’s motion to open default was denied by Durpee, J. Statement of the case by Mr. Justice Harwood. This case stands for review on appeal from the judgment, and from an order entered after judgment overruling appellants’ motion to set aside and vacate the judgment and open the default therein entered against defendants. The action is in the nature of ejectment to recover possession of a certain piece of land, particularly described, situate in Deer Lodge county, of which…
1Opinion of the CourtHarwood, J.
This court is unable to find in the affidavits filed in support of the motion to set aside default a showing of fiicts sufficient to warrant a reversal of the ruling of the trial court thereon. The action was pending more than a year before judgment was entered. Defendants’ demurrer haviug been overruled, their counsel interposed a motion to strike out certain portions of the complaint, which motion was overruled; whereupon defendants were granted ten days within which to file an answer. When that order was made, as apjiears from the affidavit of respondent’s counsel, one of the appellants’…
2Cases cited1 opinion
- Martin v. DurandCalifornia Supreme Court · 1883
3Cited by3 opinions
- Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
- People v. JonesCalifornia Court of Appeal · 1926
- Swilling v. Cottonwood Land Co.Montana Supreme Court · 1911