Legal Opinion

Pengelly v. Peeler

Montana Supreme Court

Decided April 16, 1909No. 2,644PublishedCited by 15 opinions

'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

  1. Milwaukee Gold Extraction Co. v. GordonMontana Supreme Court · 1908
  2. Loeb v. SchmithMontana Supreme Court · 1868
  3. Jurgens v. WichmannAppellate Division of the Supreme Court of the State of New York · 1908
  4. Mantle v. LargeyMontana Supreme Court · 1896
  5. Downing North Denver Land Co. v. BurnsSupreme Court of Colorado · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Nash v. TreatMontana Supreme Court · 1912
  2. Brothers v. BrothersMontana Supreme Court · 1924
  3. Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
  4. McCormick v. McCormickMontana Supreme Court · 1975
  5. Worstell v. DevineMontana Supreme Court · 1959

10 more not listed; retrieve them via the Exa API.

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