Legal Opinion

Thomas v. Chambers

Montana Supreme Court

Decided May 14, 1894PublishedCited by 16 opinions

Appeal from, Eighth Judicial Distinct, Cascade County. Defendants’ motion to vacate the judgment was granted by Benton, J. Judgment will not be set aside without affidavit of excusable neglect or inadvertence and also .of merits. (Lamb v. Gas-ton etc. Co., 1 Mont. 64; 3 Estee’s Pleadings, 362; Bailey v. Taaffe, 29 Cal. 424.) The only excuse respondents attempt to set up is the negligence of their attorney.

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Appeal from, Eighth Judicial Distinct, Cascade County. Defendants’ motion to vacate the judgment was granted by Benton, J. Judgment will not be set aside without affidavit of excusable neglect or inadvertence and also .of merits. (Lamb v. Gas-ton etc. Co., 1 Mont. 64; 3 Estee’s Pleadings, 362; Bailey v. Taaffe, 29 Cal. 424.) The only excuse respondents attempt to set up is the negligence of their attorney. Negligence of attorney or agent is uniformly treated as the negligence of the client or principal, except in New York and North Carolina. (Freeman on Judgments, § 112, and cases cited.) Act…

1Per curiam

In the court below, the appellant recovered judgment by default against the respondents. The respondents had been personally served with summons, and employed counsel to defend the action. Within ten days from date of service of summons on the defendants, their counsel filed a demurrer to the complaint. The demurrer, upon a hearing, was by the court overruled, and the defendants given five days thereafter to answer the complaint. No answer having been filed withiu that time, judgment was regularly rendered, for want thereof, against the defendants. Thereafter the defendants filed their…

2Cited by16 opinions

  1. Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
  2. Bowen v. WebbMontana Supreme Court · 1906
  3. Worstell v. DevineMontana Supreme Court · 1959
  4. Canning v. FriedMontana Supreme Court · 1914
  5. First State Bank v. LarsenMontana Supreme Court · 1925

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