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Itsco v Trust Territory [1979] TTLawRp 9; 8 TTR 57 (17 August 1979)

8 TTR 57

ITSCO; TIMOTHY, et al.; SWEET, et al.; and LATTON

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS

Civil Appeal No. 315

Appellate Division of the High Court

Marshall Islands District

August 17, 1979

Government appealed from denial of motions to set aside default judgments against it. The Appellate Division of the High Court, Gianotti, Associate Justice, held that government was properly defaulted where process was served upon it and it did not answer because it thought service defective.

1. Civil Procedure-Process-Duty To Answer When Service Is Defective

Defendant receiving actual notice of commencement of various actions could not fail to respond on the theory that in its opinion the process was defective and no responsive pleading was required; even if the service was defective, defendant had a duty to raise the matter by a special appearance contesting service and/or service of process, and upon defendant's failure to do so the court properly gave plaintiffs default judgments.

2. Civil Procedure-Process-Duty To Answer When Service Is Defective

Any question of service of process must be properly raised; the party served cannot sit mute.

3. Judgments-Default-Setting Aside

Defendant moving for default judgments to be set aside on ground it had a meritorious defense was not entitled to have its motion granted where it did not state with particularity what the defense was.

Before HEFNER, Associate Justice, GIANOTTI, Associate Justice

GIANOTTI, Associate Justice