Beliveau v. Goodrich

In Beliveau v. Goodrich, 185 Neb. 98, 173 N.W.2d 877 (1970), there was conversation between counsel before the judgment was entered, but a dispute arose about the effect of that conversation. The conversation was held to be not controlling. The Beliveau court looked at the competing considerations and said: It is the policy of the law to give a litigant full opportunity to present his contention in court and for this purpose to give full relief against slight and technical omissions. On the other hand, it is the duty of the courts to prevent an abuse of process, unnecessary delays, and dilatory and frivolous proceedings in the administration of justice. Consequently this court has long held that a district court has inherent power to vacate or modify its own judgment any time during the term in which it is rendered. Jones v. Nebraska Blue Cross Hospital Service Assn., 175 Neb. 101, 120 N.W.2d 557 [1963]; Barney v. Platte Valley Public Power and Irrigation District, 147 Neb. 375, 23 N.W.2d 335 [1946]; and most recently in Urwin v. Dickerson, 185 Neb. 86, 185 Neb. 86, 173 N.W.2d 874 [1970]. (185 Neb. at 100, 173 N.W.2d at 879.) The Court held: As a further guideline for the exercise of this discretion by the district court our cases have universally held that where a judgment has been entered by default and a prompt application has been made at the same term to set it aside, with the tender of an answer or other proof disclosing a meritorious defense, the court should on reasonable terms sustain the motion and permit the cause to be heard upon the merits. In Beliveau, the district court refused to set aside in the same term that it was entered a default judgment in a personal injury action. The Beliveau court found that the trial court abused its discretion by refusing to vacate the default judgment. The Beliveau court explained: Mere mistake or miscalculation of a party or his attorneys is not sufficient, in itself, to warrant the refusal to set aside a default judgment, when there is a good defense pleaded or proved and no change of position or substantial misjustice will result from permitting a trial on the merits. 185 Neb. at 101, 173 N.W.2d at 880. In Beliveau, the defendant filed an answer and motion to vacate the default judgment 19 days after the judgment was entered; in the case at hand, Farm Bureau filed its motion and answer 6 days later. Both defendants alleged a meritorious defense.