(Download) "Davis v. Hubbard" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Davis v. Hubbard
- Author : Supreme Court of Montana
- Release Date : January 15, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
1. Appeal and error ? Default judgments, abuse of discretion. Generally, granting or denial of relief from default judgment rests in the trial courts sound discretion, exercise of which will not be disturbed in the absence of manifest abuse of such discretion. 2. Appeal and error ? Difference between "granting" and "denying" relief from default. An appellate court listens more readily to an appeal from an order denying relief from a default judgment than from one granting relief because of the policy of applying remedial statutes liberally to permit trial on the merits, and slight abuse of discretion in refusing to set aside such judgment is sufficient to justify reversal of the order. 3. Judgment ? Motion to set aside default held timely. A motion, made by defendant immediately on learning of the entry of his default and within about one week after the entry of judgment thereon, to vacate such judgment, was timely. 4. Judgment ? Vacating default held warranted. A defendants affidavit, stating that he understood that the co-defendant would employ an attorney to enter an appearance for both defendants, that co-defendants attorney entered an appearance for co-defendant only and did not notify affiant of such fact, and that affiant, immediately upon learning of the default judgment against him, arranged with another attorney to take proceedings for vacation of the judgment, warranted the exercise of the trial courts discretion to vacate the judgment on the ground of excusable neglect.