[Download] "Middle States O. Corp. v. Tanner-Jones Co." by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: Middle States O. Corp. v. Tanner-Jones Co.
• Author : Supreme Court of Montana
• Release Date : January 18, 1925
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Submitted March 28, 1925. Judgments ? Default ? Setting Aside ? Insufficient Showing ? Security for Costs ? Stay of Proceedings ? Estoppel ? Judgment on Pleadings ? When Proper ? Rules of Court ? Judicial Notice. Costs ? Demand for Security ? Proceedings not Stayed as to Nondemanding Defendant. 1. Demand upon a foreign corporation for security for costs made by one of two defendants pursuant to section 9087, Revised Codes of 1921, did not operate to stay proceedings between plaintiff and the nondemanding defendant. Default Judgment ? Attack on Sufficiency of Pleading on Appeal. 2. Where a pleading is attacked for insufficiency on appeal from a default judgment all reasonable inferences in favor of its sufficiency will be indulged. Estoppel must be Pleaded. 3. Estoppel may not be proved unless pleaded, if the party had an opportunity to plead it, unless evidence showing estoppel is admitted without objection. Judgment on Pleadings ? When Proper. 4. Where defendant in an action in conversion pleaded new matter by way of estoppel as well as a counterclaim, and plaintiff did not plead to either, and the estoppel completely avoided the cause of action alleged in the complaint, defendant was entitled to judgment on the pleadings. Judgment by Default ? Discussion of Settlement of Action is not Excuse for Failure to Make Timely Appearance. 5. The mere fact that the parties to an action were discussing a settlement did not absolve plaintiff, against whom judgment by default was taken for failure to reply to new matter alleged in the answer or to demur or answer to a counterclaim, from making timely appearance, and the court's refusal to open the default was proper. Appeal ? Supreme Court Does not Take Judicial Notice of Rules of District Court. 6. The supreme court does not take judicial notice of the existence of a rule of the district court. Practice ? Stipulations of Counsel ? Entry in Minutes of Trial Court ? Proper Rule of District Court. 7. A district court rule that no oral understanding or stipulation between counsel respecting practice will be regarded by the court unless it be entered in its minutes or put in writing and subscribed by the party against whom it is urged, held a salutary one. Default Judgment ? Vacation ? Party in Default must Act Promptly. 8. When a litigant is apprised of the fact that judgment by default has been rendered against him, he must move with all reasonable expedition if he desires to have it vacated.

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