Wllloburn Ranch Co. v. Yegen
Montana Supreme Court
Appeal from, District Court, Yellowstone County; Geo. W. Pierson, Judge. Aotion by the Willoburn Ranch Company against Christian and Peter Yegen. From a judgment by default against Peter Yegen and an order refusing to set aside the default, he appeals. submitted a brief and argued the cause orally.
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Appeal from, District Court, Yellowstone County; Geo. W. Pierson, Judge. Aotion by the Willoburn Ranch Company against Christian and Peter Yegen. From a judgment by default against Peter Yegen and an order refusing to set aside the default, he appeals. submitted a brief and argued the cause orally. The rule is well established that if a complaint mates merely a defective statement of a cause of action, such defective statement is cured by verdict or judgment; but that if the complaint fails in mating any statement at all of any essential elements of plaintiff's case, such failure is not cured…
1Opinion of the CourtJustice Holloway
This action was commenced on July 19, 1911, against Christian Yegen and Peter Yegen. Summons was served upon Peter Yegen on August 17. On September 11 his default was en*257tered for want of an appearance. The action was dismissed- as to Christian Yegen, and on September 15 plaintiff made proof and judgment was regularly rendered and entered against Peter Yegen, who thereafter, on September 27, moved the court to set aside the judgment, open the default, and permit him to answer. The motion was supported by an affidavit accompanied by a proposed answer. The motion was denied, and defendant Peter…
2Cases cited1 opinion
- Mantle v. CaseyMontana Supreme Court · 1904
3Cited by2 opinions
- Canning v. FriedMontana Supreme Court · 1914
- Willoburn Ranch Co. v. YegenMontana Supreme Court · 1914