Howie Mining Co. v. McGary
District Court, N.D. West Virginia
At Law. Action by the Howie Mining Company against David McGary and W. E. Covert. On motion by defendants to set aside judgment by default.
1Opinion of the Court
DAYTON, District Judge.
Defendants, under section 4979, Hogg’s W. Va. Code 1913 (section 5, c. 134), have made a motion to set aside *39the default judgment entered in this case in term at Martinsburg, on the 4th day of April, 1918. The reasons assigned for such, relief sought are:
First — Because of tlie fraud practiced therein against the defendants, and each of them, by the plaintiff, or at least by certain of its attorneys.
Second — That both of the defendants exercised duo diligence in the protection of their rights and the prosecution of their case, but they virtually never have had their day…
2Cases cited1 opinion
- Wylie Permanent Camping Co. v. LynchCourt of Appeals for the Fourth Circuit · 1912
3Cited by11 opinions
- Allen v. AllenCalifornia Supreme Court · 1947
- Bassham v. EvansCourt of Appeals of Texas · 1919
- Marion County Court v. RidgeCourt of Appeals for the Fourth Circuit · 1926
- Institution for Savings in NewburyportMassachusetts Supreme Judicial Court · 1941
- National Bank v. Van TassellNew York Supreme Court · 1942
6 more not listed; retrieve them via the Exa API.