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Tag Archives: Default Judgment

Arbitration: Award-Default Judgment-Appointment of Receiver

Defendant appealed from the district court’s appointment of a receiver after the district court entered default judgment on an arbitration award entered in favor of plaintiff. Defendant further argued that the district court granted the receiver powers beyond those authorized ...

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Civil Practice: Failure to State Claim-Default Judgment-Products Liability

Where a plaintiff, who brought claims against the maker and seller of a neck brace alleging it caused or failed to protect him from serious injury, challenged the grant of the defendant’s motion to dismiss for failure to state a ...

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Civil Practice: Default Judgment-Garnishment Proceeding-Lack of Verification

Where appellant challenged a judgment setting aside a default judgment in her favor and arising from a garnishment proceeding, the trial court erred in setting aside the default judgment in the absence of verification, affidavits or sworn testimony where the ...

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Bankruptcy: Dischargeability Of Claims-Default Judgment-Preclusive Effect

Where creditors challenged an order directing the entry of summary judgment in favor of the debtors on a motion to determine the dischargeability of their claims, the judgment is affirmed because the creditors abandoned the claim by withdrawing their motion ...

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Civil Practice: Default Judgment-Garnishment-Revival of Judgment

Plaintiff obtained a default judgment against defendant and served defendant’s employment to garnish defendant’s wages. Shortly before 10 years had passed after the last payment, plaintiff moved to revive judgment. The circuit court denied the motion as untimely. Where garnishment ...

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Civil Practice: Default Judgment-Motion to Set Aside-Testimonial Evidence

Where a plaintiff in a personal-injury action challenged a trial-court judgment setting aside a default judgment entered in his favor, the judgment is reversed and remanded because the motion to set aside failed to satisfy a requirement that the motion ...

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Torts: Products Liability- Default Judgment- Service of Process on Defunct Company

Defendant was a defunct corporation sued by plaintiff for alleged defects in safety equipment manufactured by defendant. Defendant’s former president continued to accept service of process at his residence, but after his death defendant made no arrangements for alternative service ...

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