Fylling v. Mork
North Dakota Supreme Court
Appeal from the District Court of Bottineau County, North Dakota, Honorable A. G. Burr, Judge. As a general rule the court will relieve a party from the effects of a judgment entered against him by default, where it appears that he has a good and sufficient meritorious defense; where there is a reasonable excuse for the delay occasioning the default; where the party acts diligently and moves promptly for relief upon receiving notice of the entry of judgment.
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Appeal from the District Court of Bottineau County, North Dakota, Honorable A. G. Burr, Judge. As a general rule the court will relieve a party from the effects of a judgment entered against him by default, where it appears that he has a good and sufficient meritorious defense; where there is a reasonable excuse for the delay occasioning the default; where the party acts diligently and moves promptly for relief upon receiving notice of the entry of judgment. Northern Commercial Co. v. Goldman, 37 N. D. 542; Citizens Nat. Bank v. Branden, 19 N. D. 489, 27 L.R.A.(N.S.) 858; Westrook v. Rice, 28…
1Dissent
Christianson, Ch. J.
(dissenting). Our statute provides that a ■district court may “in its discretion and upon such terms as may be just at any time within one year after notice thereof, relieve a party from a judgment, order or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect.” Comp. Laws 1913, § 7483. Of course “the party who seeks the opening or vacation of a judgment must sustain the burden of proof, and must establish his right to the relief asked by clear and satisfactory evidence.” Black, Judgm. 2d ed. § 351. Whether he has established…
2Cases cited3 opinions
- Kjetland v. PedersonSouth Dakota Supreme Court · 1905
- Bazal v. St. Stanislaus ChurchNorth Dakota Supreme Court · 1911
- Hunt v. SwensonNorth Dakota Supreme Court · 1906