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…
1Opinion of the CourtGrace, J.
This is an appeal from an order of the district court of Bottineau county, denying defendant’s application for vacating of a certain default judgment, taken against him, by plaintiff.
The material facts, as disclosed by the affidavit, in support of the application to vacate the judgment, are substantially as follows:
The plaintiff, at the time of the commencement of this action, was the wife of Peter Fylling, to whom she was married, on the 29th day of July, 1915. The defendant was a witness to the marriage ceremony.
In 1907, the defendant immigrated to this country, from Norway. In the years of…
2Cases cited2 opinions
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Northern Commercial Co. v. GoldmanNorth Dakota Supreme Court · 1917
3Cited by3 opinions
- Foley v. DavisNorth Dakota Supreme Court · 1926
- Bothum v. BothumNorth Dakota Supreme Court · 1943
- Pugh v. HempftlingNorth Dakota Supreme Court · 1920