United States Court of Appeals for the Sixth Circuit
648 F.2d 1078 (1981)
The Bank of Montreal (the Bank) (plaintiff), a Canadian corporation, sued Thorhallur Olafsson (defendant), a citizen of Iceland, in the United States District Court for the Eastern District of Michigan. Olafsson failed to respond to the Bank’s suit. As a result, the district court entered a default judgment in favor of the Bank. In reliance on the default, the Bank filed liens on realty owned by Olafsson in Michigan, and the property was sold to the Bank in satisfaction of the judgment. Thereafter, Olafsson moved to set aside the judgment, arguing that there was no diversity of citizenship and the district court therefore lacked subject matter jurisdiction. The district court granted Olafsson’s motion and set aside the default judgment because it concluded that it was entered in excess of its power and dismissed the case. The Bank appealed.
Rule of Law
Holding and Reasoning (Per Curiam)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.