[DOWNLOAD] "Worstell v. Devine" by Supreme Court of Montana # eBook PDF Kindle ePub Free

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eBook details

• Title: Worstell v. Devine
• Author : Supreme Court of Montana
• Release Date : January 11, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

JUDGMENT ? EXCUSABLE NEGLECT ? MOTIONS. 1. Judgment ? Excusable neglect. In proceeding on motion to set aside default judgment entered foreclosing contract for sale of land, where affidavit of defendants counsel showed that he had a mistaken belief that papers were served on his client the same day client delivered them to attorneys office in his absence, there was a sufficient showing made of excusable neglect and there was an abuse of discretion in denying motion to set aside judgment. 2. Judgment ? Meritorious defense. In order to set aside a default judgment there must be not only a showing of excusable neglect, but also a meritorious defense. 3. Judgment ? Prima facie meritorious defense set up. Proposed answer to action to foreclose contract for sale of real property submitted in conjunction with motion to set aside default judgment entered in plaintiffs favor, and alleging another action was pending between the same parties for the same cause and there - Page 2 was a breach of contract by plaintiffs who induced defendant to enter into contract by false and fraudulent representations, was sufficient prima facie to set up a meritorious defense.

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