Pengelly v. Peeler
Montana Supreme Court
'Appeal from, District Court, Flathead County; J. E. Erickson, Judge. Action by Catherine Pengelly against D. R. Peeler as administrator of Jacob Fine, deceased. From an order setting aside a default judgment, and permitting defendant to answer, plaintiff appeals.
1Opinion of the CourtJustice Smith
This is an appeal from an order of the district court of Flathead county setting aside a default judgment and permitting the defendant to answer. The plaintiff, who was sister to the deceased, Jacob Fine, filed a claim against his estate in the sum of $500, for work, labor and services performed by her during the years 1901 to 1906. The administrator rejected the claim, and this action resulted. •
Summons was personally served on May 29, 1908, default entered on June 19, and judgment entered June 20, 1908. On *28'June 24 motion and notice of motion to vacate the judgment were served and filed,…
2Cases cited6 opinions
- Milwaukee Gold Extraction Co. v. GordonMontana Supreme Court · 1908
- Loeb v. SchmithMontana Supreme Court · 1868
- Jurgens v. WichmannAppellate Division of the Supreme Court of the State of New York · 1908
- Mantle v. LargeyMontana Supreme Court · 1896
- Downing North Denver Land Co. v. BurnsSupreme Court of Colorado · 1902
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3Cited by15 opinions
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- Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
- McCormick v. McCormickMontana Supreme Court · 1975
- Worstell v. DevineMontana Supreme Court · 1959
10 more not listed; retrieve them via the Exa API.