UNITED STATES RUBBER CO. v. COMMUNITY GAS & OIL CO.

No. 10166.

359 P.2d 375 (1961)

UNITED STATES RUBBER COMPANY, a Corporation, Plaintiff and Respondent, v. COMMUNITY GAS & OIL CO., Inc., a Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided February 9, 1961.

Rehearing Denied February 27, 1961.


Attorney(s) appearing for the Case

Sandall, Moses, Cavan & Battin, Coleman, Lamey & Crowley, Billings, for appellant.

Cale J. Crowley, argued orally.

Dillavou & Hauf, Billings, for respondent.

John A. Hauf argued orally.


CASTLES, Justice.

This is an appeal from an order denying a motion to vacate a default judgment. The default was entered on December 29, 1959, after a demurrer was overruled and twenty days allowed for answer on September 28, 1959. The motion to set aside the default was filed on January 19, 1960, together with a proposed answer and an affidavit setting forth reasons why an answer had not been filed.

The issue here is limited to but one question. Did the district...

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