Ivy v. Carrell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that relief for defaulting defendant who files successful motion for new trial is setting aside default judgment
• holding trial court did not err in denying motion for new trial because movant did not set forth facts that in law constitute a meritorious defense
• holding that Craddock rule applies equally to post- answer default judgments
• holding trial court did not err in denying motion for new trial because movant did not set forth facts that in law constitute a meritorious defense
• holding that trial court did not abuse its discretion by denying motion for new trial where movant did not prove that his failure to be present at trial was not due to his own negligence, and did not prove that he had a meritorious defense
• explaining that once the defendant submits evidence that shows the defendant has a meritorious defense to the plaintiff’s claim, “it is improper to try the defensive issue” in the defendant’s motion

Source: CourtListener parenthetical corpus (CC0).