Hinderager v. MacGinniss
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by E. K. Hindéragér against John MacGinniss. From an order denying motion to set aside a default judgment, defendant appeals.
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Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by E. K. Hindéragér against John MacGinniss. From an order denying motion to set aside a default judgment, defendant appeals. Statutory provisions for obtaining service on absent or nonresident defendants constructively are in derogation of the common law and must be strictly construed; and a judgment obtained by such service is not entitled to the presumption of regularity in its favor which attaches to the proceedings and judgments of courts of general jurisdiction, when the defendants are actually before them. (Palmer…
1Opinion of the CourtChief Justice Brantly
The defendant has appealed from an order of the district court of Cascade county denying his motion to set aside a judgment entered against him after his default.
The complaint was filed on May 6, 1914. It contains three causes of action. 'Two of them are for the recovery of money under the terms of a written contract. The third is for specific performance of an agreement by defendant, embodied in the same contract, to convey to plaintiff certain land. In entering the judgment no relief was granted under the third cause of action. It was thus eliminated from the case. Upon the issuance of…
2Cases cited16 opinions
- Simon v. Justice's CourtCalifornia Supreme Court · 1899
- Security Loan & Trust Co. v. Boston & South Riverside Fruit Co.California Supreme Court · 1899
- State ex rel. Mackey v. District CourtMontana Supreme Court · 1910
- Stubbs v. McGillisSupreme Court of Colorado · 1908
- Welch v. LaddSupreme Court of Oklahoma · 1911
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3Cited by17 opinions
- Gravelin v. PorierMontana Supreme Court · 1926
- Gilna v. BarkerMontana Supreme Court · 1927
- State Ex Rel. Murphy v. District CourtMontana Supreme Court · 1935
- Deich v. DeichMontana Supreme Court · 1958
- MacGinniss Realty Co. v. HinderagerMontana Supreme Court · 1922
12 more not listed; retrieve them via the Exa API.