Lawler v. Bashford-Burmister Co.
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fourth Judicial District in and for the County of Yavapai. Joseph D. Bethune, Acting Judge. Statement of facts:—■ The appellee, the Bashford-Burmister Company, commenced an action in September, 1893, in the district court of Yavapai County, against the Seven Stars Gold-Mining Company, to recover something over five thousand dollars.
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APPEAL from a judgment of the District Court of the Fourth Judicial District in and for the County of Yavapai. Joseph D. Bethune, Acting Judge. Statement of facts:—■ The appellee, the Bashford-Burmister Company, commenced an action in September, 1893, in the district court of Yavapai County, against the Seven Stars Gold-Mining Company, to recover something over five thousand dollars. An attachment in aid of said suit was duly issued, and the writ of attachment delivered to the sheriff of said county, who levied it on certain property, as the personal property of said •gold-mining company.…
1Opinion of the CourtRouse, J.
(after stating the facts).—The first thing for us to determine in this case is, Was there a default .on the part, of defendants Lawler & Wells at the time the motion for judgment was made? The term “default,” when used in *99practice, is defined by Bouvier to be “the non-appearance of a plaintiff or defendant at court within the time prescribed by law to prosecute his claim or make his defense.” 1 Bouvier’s Law Dictionary, 445. The record shows that defendants were in court, and active in trying to bring the case to trial; that they had filed in court the written evidence of their title to said…
2Cases cited8 opinions
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Robyn v. Chronicle Publishing Co.Supreme Court of Missouri · 1895
- Wallace v. EldredgeCalifornia Supreme Court · 1865
- Judah v. HoganSupreme Court of Missouri · 1878
- Norman v. HookerSupreme Court of Missouri · 1865
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3Cited by2 opinions
- Hall v. McConeyMissouri Court of Appeals · 1910
- Garden Development Co. v. CarlawArizona Supreme Court · 1928