Loeb v. Schmith
Montana Supreme Court
Appeal from the Second District, Deer Lodge County. This was an action on a promissory note commenced by Loeb in the district court. The complaint was filed and summons was issued on July 25, 1867. The names of the parties on the complaint were “Leon Loeb v. Jacob Smith & Co., and Joseph Holzbauer et a,ID The summons contained a notification to “Jacob Smith & Co. and Joseph Holtzbauer, Henry Apple.”
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Appeal from the Second District, Deer Lodge County. This was an action on a promissory note commenced by Loeb in the district court. The complaint was filed and summons was issued on July 25, 1867. The names of the parties on the complaint were “Leon Loeb v. Jacob Smith & Co., and Joseph Holzbauer et a,ID The summons contained a notification to “Jacob Smith & Co. and Joseph Holtzbauer, Henry Apple.” The sheriff made the following return.-: “ Served the within by reading to Henry Apple, on 1st day of October, A. D. 1867, on Bear gulch, Territory and county within mentioned.” Judgment by…
1Opinion of the CourtWarren, C. J.
This is an appeal from an order of the second judicial district court setting aside a judgment entered in vacation by default, against Henry Eppel or Apple, one of the defendants below, with leave to answer, upon payment of costs. The setting aside of the default rested in the discretion of the court below upon the facts disclosed in the affidavit, and we see no such abuse of that discretion as calls for the interposition of this court.
The order is affirmed and the cause remanded.
Exceptions overruled.
Knowles, J., concurred.
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