Takamoto v. Horita

Citations

• 23 Haw. 370
• 1916 Haw. LEXIS 2

Syllabus

<p>Judgments — default—reasons for opening — discretion.'</p> <p>The statute, R. L. 1915, Sec. 2363, authorizing the opening of defaults, should be liberally applied by the courts. On appeal the question is whether the trial court abused its discretion. Good and sufficient reasons for opening a default will not be shown to exist unless it be made to appear that the defendant moved with diligence after the default was entered, that he has a meritorious defense, and that he has a reasonable and satisfactory excuse for not having answered..</p> <p>Same — setting aside judgment after default.</p> <p>Where a final judgment has been entered in a case after an order of default the application should be to set aside the judgment as well as to open the default.</p>