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