Citizens' Light, Power & Telephone Co. v. Usnik

Citations

• 26 N.M. 494
• 194 P. 862

Syllabus

<p>SYLUABUS BY THE COURT.</p> <p>1. A defendant in default for failure to file an answer within the time limited by the statute is not entitled to notice of an application for default judgment. ■ P. 497</p> <p>2. The filing of a petition for removal of a cause from the state to the federal court and the bond is not an appearance in the state court, and does not extend the time to appear and plead therein. P. 498</p> <p>3. Where a case has been improperly removed -from a state court to a federal district court, and is remanded by the federal court to the state court, the federal court never acquired jurisdiction of such case, and an answer or other pleading filed in the federal court did not have the effect of a pleading in a state court, and did not serve to extend the time of the defendant to answer the complaint. P. 498</p> <p>4. Where in such a case the cause is remanded to the state court, and the answer or other pleading filed in the federal court is not certified to the state district court, or refiled therein in 13 days after the remand and almost 4 months after the service of summons in the cause, a default is properly entered against the defendant for failure to plead or answer. P. 498</p> <p>5. In such a case the court did not abuse its discretion in refusing to set aside the default judgment upon a showing that an answer had been filed in the federal court, and no other valid excuse being offered. P. 499</p>