SIMONS v. KELLER

No. 10022.

350 P.2d 366 (1960)

Roy SIMONS, Plaintiff and Appellant, v. Herman M. KELLER, Defendant and Respondent.

Supreme Court of Montana.

Decided March 21, 1960.


Attorney(s) appearing for the Case

Harold F. Smith, Kalispell, argued orally for appellant.

Measure & Salansky, James M. Salansky, Kalispell, for respondent. James M. Salansky argued orally.


LESTER H. LOBLE, District Judge, sitting in place of MR. JUSTICE BOTTOMLY, delivered the Opinion of the Court.

This is an appeal from an order granting a motion to set aside a default judgment under the provisions of section 93-3905, R.C.M. 1947. Plaintiff entered defendant's default just three days after his time for appearance had expired and without notice to him.

On October 20, 1958, plaintiff filed a complaint in the district court of the eleventh judicial...

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