(DOWNLOAD) "Madson v. Petrie Tractor & Equipment Co." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Madson v. Petrie Tractor & Equipment Co.
- Author : Supreme Court of Montana
- Release Date : January 23, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Default Judgments ? Setting Aside ? Discretion in Trial Court ? Courts Favor Trial on Merits ? Slight Abuse of Discretion in Refusing to Set Judgment Aside Sufficient for Reversal of Order. Default Judgments ? Setting Aside ? Discretion ? Trial Courts in Passing upon Motion Should Do so in Liberal Spirit. 1. Judgments by default are not favored by the courts, and while a motion to set such a judgment aside is addressed to the sound discretion of the trial court with the exercise of which the supreme court on appeal will not interfere except upon a showing of manifest abuse thereof, the lower court in passing thereon should do so in a liberal spirit. Same ? Slight Abuse of Discretion in Refusing Motion Sufficient to Warrant Reversal of Order. 2. Since courts universally favor trial on the merits, a slight abuse of discretion on the part of the trial court in refusing to set aside a default judgment is sufficient to justify a reversal of the order. Same ? Setting Aside ? What Required to Move Discretion of Court. 3. On motion to set aside a default judgment under the provisions of section 9187, Revised Codes, the applicant must, acting with diligence, make a statement of facts from which the trial court can determine whether or not the mistake, inadvertence, surprise or excusable neglect urged in support of it is within the contemplation of the section, in order to move the discretion of the court. Same ? Circumstances Under Which Court Abused Discretion in Refusing Motion to Vacate Judgment. 4. Copies of summons and complaint in an action against a corporation were served upon its president and mislaid; diligent search was made but the papers could not be found until too late. In an intermediate proceeding defendants counsel made the assertion that no service had ever been had upon his client, and opposing counsel remained silent when he should have spoken. The files in the office of the clerk of court showed no return of service of process, required to be made not later than ten days after service, until the day of entry of judgment, it appearing that the return had been mailed by the serving officer to the office of plaintiffs attorney where it remained for eighteen days. Held, that the district court erred in denying defendants motion to set aside the judgment.
 "Madson v. Petrie Tractor & Equipment Co." by Supreme Court of Montana # Book PDF Kindle ePub Free){kind=link}