(DOWNLOAD) "Barker Bros., Inc. v. Barker-taylor" by Supreme Court of the United States * eBook PDF Kindle ePub Free
eBook details
- Title: Barker Bros., Inc. v. Barker-taylor
- Author : Supreme Court of the United States
- Release Date : January 15, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The primary issue to be resolved in this case is whether, following a hearing held to consider a claim of exemption of property from garnishment or execution, a trial court can amend or modify a default judgment in the absence of notice that modification of default judgment will be addressed. The issues presented for review include contentions that the trial court should not have considered a claim for exemption when no attachment, garnishment, or execution proceeding was pending; should not have considered objections to the default judgment by the defendant against whom the judgment had been entered; should not have set aside any portions of the default judgment; and the plaintiffs should not be deprived of the benefit of effective relief against the defendant in default because claims still were pending against another defendant. In our view, the events that occurred in the trial court deprived plaintiffs of due process of law because relief in the form of modification of the judgment was afforded in absence of any notice to plaintiffs and without a hearing on that question. We reverse the order of the district court, and remand the case to permit furnishing of appropriate notice to be followed by a hearing on the issues set forth in the notice.
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