Anaconda Mining Co. v. Saile
Montana Supreme Court
Appeal from, Third Judicial District, Deer Lodge County, Ejectment. Judgment against ’defendant by default was set aside by Brantley, J. Statement of the case by the justice delivering the opinion. The defendant’s demurrer to the plaintiff’s complaint was submitted to the court, and overruled October 8, 1892. Defendant was granted ten days to answer. No answer was filed. Default was entered October 20th, and judgment was rendered for plaintiff, November 26th.
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Appeal from, Third Judicial District, Deer Lodge County, Ejectment. Judgment against ’defendant by default was set aside by Brantley, J. Statement of the case by the justice delivering the opinion. The defendant’s demurrer to the plaintiff’s complaint was submitted to the court, and overruled October 8, 1892. Defendant was granted ten days to answer. No answer was filed. Default was entered October 20th, and judgment was rendered for plaintiff, November 26th. Defendant moved to set aside the judgment and the default. The motion was granted. Plaintiff appeals. The motion was on the ground of…
1Opinion of the CourtDe Witt, J.
We are of opinion that the district court did not err in holding that the negligence of defendent was excusable. The defendant alleges — and it is not denied — that the clerk told him on September 30th that there would be no business transacted by the court until November 14th. Hearing a demurrer was business of the court. The clerk modified his statement by saying, further, in his affidavit, that he did not intend to convey the idea that no demurrers would be heard. But the fact is that he said that no business would be done, and the idea certainly was conveyed to Mr. Adkinson that hearing…
2Cases cited4 opinions
- Mitchell v. CampbellOregon Supreme Court · 1887
- Sossong v. RosarSupreme Court of Pennsylvania · 1886
- City of Helena v. BruleMontana Supreme Court · 1895
- Ellinger's AppealSupreme Court of Pennsylvania · 1886
3Cited by13 opinions
- Wagner v. LucasSupreme Court of Oklahoma · 1920
- Monroe v. HarperMontana Supreme Court · 1974
- Anderson v. GrahamSupreme Court of Oklahoma · 1922
- Reynolds v. Gladys Belle Oil Co.Montana Supreme Court · 1926
- Eby v. City of LewistownMontana Supreme Court · 1918
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