Carr v. School District
Carr v. School District
Opinion of the Court
This action was brought by plaintiffs against the defendant for a balance due for building a schoolhouse. Process was served by delivering a copy of the petition and summons to the president of the school board of-defendant at his office and place of business in said school district. No appearance was entered by defendant, and at the. return term judgment by default was rendered against it. At the following term, and before a final judgment, a motion to set aside the default, on the ground that there had been no legal service of process, was filed by defendant and by the coui’t overruled. Thereafter another motion, covering the same ground and other alleged reasons, w¿is filed, with an affidavit in support thereof. Plaintiffs filed counter-affidavits, and upon the hearing thereof this motion was overruled.
• After final judgment had in the cause, defendant brings the same here by appeal.
II. Admitting, then, legal service, was the lower court in error when it refused to set aside the judgment by default ? It is well understood that the matter of excusing a defaulting defendant, and permitting a defense out of time, rests largely in the discretion of the' trial court. The appellate courts will not interfere except where it manifestly appears that such discretion ■ has been arbitrarily and oppressively exercised. In this case we discover nothing to warrant our interference. It seems, indeed, that this defendant ( as represented by a majority of its directors) did not think it
With the concurrence of the other judges, the judgment of the circuit court is affirmed.
Reference
- Full Case Name
- T. J. Carr v. The School District of Belton
- Cited By
- 2 cases
- Status
- Published