Batchoff v. Butte Pacific Copper Co.
Montana Supreme Court
Appeal from District Court, Deer Lodge County; George B. Winston, Judge. Action by D. A. Batchoff, as administrator of the estate of Dimitre Stoyeoff Gancheff, deceased, against the Butte Pacific Copper Company and another. Judgment by default for plaintiff, and the defendants, after denial of motion to set aside the default and the judgment, appeal from the judgment.
1Opinion
*189On Rehearing.
(Submitted April 22, 1921. Denied May 23, 1921.)
2Opinion of the CourtJustice Reynolds
[8] In the original opinion in this case it was stated that “The default was prematurely entered, was without jurisdiction, and the judgment which followed was likewise without jurisdiction and void.” While under the facts stated in the opinion it was error to prematurely enter the judgment, yet such entry was not without jurisdiction, but was error within jurisdiction. It was voidable but not void. (23 Cyc. 745; 12 Cyc. 755; 2 Freeman on Judgments, pars. 532, 542; Cook v. Mix, 10 Conn. 565; Drew v. Claypool, 61 Mich. 233, 28 N. W.…
3Cases cited11 opinions
- Foley v. FoleyCalifornia Supreme Court · 1898
- O'Rear v. LazarusSupreme Court of Colorado · 1885
- People v. DodgeCalifornia Supreme Court · 1894
- Ross v. WellmanCalifornia Supreme Court · 1894
- Hole v. PageWashington Supreme Court · 1898
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