(Download) "Holen v. Phelps" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Holen v. Phelps
- Author : Supreme Court of Montana
- Release Date : January 26, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
JUDGMENTS, DEFAULTS, PLEADING, PRESUMPTIONS. 1. Judgment ? Defaults ? Showing of defense. In proceeding on petition for relief from default judgment, defaulted party must show that he has a defense so that court can determine whether justice will be promoted or retarded by setting the default aside. 2. Judgment ? Affidavit as to merits of defense. Party defendant, on application to set aside his default, must, in addition to excusing his delinquency, support the motion by an affidavit of merits setting forth the facts constituting his defense. 3. Judgment ? Scope of Supreme Courts examination. The Supreme Court examined only defaulted parties petition and affidavit of merits to see whether a prima facie defense had been made out and would not consider matters of adverse possession set up in opposing parties answer. - Page 147