Waggoner v. Hutterites

Courts, Discretion in Granting Relief from Default Judgment, Abuse of Discretion ? Defaults, Relief from Default Taken Through Ones Excusable Fault ? Judgments, Relief from Judgments Taken Against One Through His Mistake, Inadvertence, Surprise or Excusable Neglect, Judgments by Default Not Favored, Policy to Have Every Case Tried on Its Merits ? Statutes, Liberal Construction of ? Words and Phrases, "Inadvertence," "Surprise," "Mistake." 1. Judgment ? Defaults ? Words and Phrases "reasonable time." Defendant acted within "reasonable time" where motion to set aside default judgment, supporting affidavits and proposed answer were filed 12 days after entry of judgment. 2. Judgment ? Guide as to courts discretion. The exercise of mere discretion of court ought to tend, in reasonable degree at least, to bring about judgment on merits of case, and where circumstances are such as to lead court to hesitate upon motion to open default, it is better, as a general rule, that doubt should be resolved in favor of the application. 3. Judgment ? Default judgments not favored. Judgments by default are not favored, and trial court in passing upon motion to set aside default judgment should exercise same liberal spirit which prompted Legislature in enacting statute providing for the setting aside of a default judgment. 4. Appeal and Error ? No abuse of discretion need be shown for reversal. No great abuse of discretion by trial court in refusing to set aside default judgment need be shown to warrant reversal, in view of fact that courts universally favor trial on the merits. 5. Judgment ? Statutes ? Liberal application of statute authorizing setting aside defaults. The statute authorizing the setting aside of a default judgment is a remedial provision and is best observed by disposing of causes upon their substantial merits, rather than with strict regard to technical rules of procedure, and discretion of court ought always to be exercised in conformity with spirit of the law. 6. Judgment ? Words and Phrases. "Inadvertance," "surprise," "mistake" defined in connection with default judgment. 7. Judgment ? Motion to set aside default should have been granted. Where representatives of association, which was being sued for damages sustained in automobile collision with vehicle being driven by alleged member of the association, upon receipt of copy of summons and complaint immediately called upon plaintiffs attorneys and stated that driver of vehicle was not a member but was a member of another similar association, and attorney told them that if - Page 141 that were true, perhaps suit would have to be brought against the other association, and default judgment was entered against association, and within 12 days thereafter association filed motion to set aside default judgment and filed proposed answer containing meritorious defense, trial court erred in denying the motion.