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[Download] "Nelson v. Lennon" by Supreme Court of Montana # Book PDF Kindle ePub Free

Nelson v. Lennon

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eBook details

  • Title: Nelson v. Lennon
  • Author : Supreme Court of Montana
  • Release Date : January 31, 1949
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

Submitted May 9, 1949. 1. Judgment — Default judgments not favored. Default judgments are not favored, and it is the policy of the law to have every case tried on the merits. 2. Appeal and error — Disturbing trial court's decision in opening default. While slight abuse of discretion in refusing to set aside a default judgment is sufficient to justify a reversal of the order, only in exceptional cases will the Supreme Court disturb the action of the trial court in re-opening default. 3. Judgment — Evidence sufficient to warrant setting default aside. Where defendants were misled by confusing practice of plaintiff's attorney in serving two summons, the default could be properly set aside.


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