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

March 14, 2021

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

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 courts 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 plaintiffs attorney in serving two summons, the default could be properly set aside.