Central Deep Creek Orchard Co. v. C. C. Taft Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action on contract. Judgment for plaintiff by default. Motion to set aside default, denied. While a defendant has a proper motion on file and undisposed of, default judgment cannot be taken against him unless the determination of the motion either way would not prevent the plaintiff from proceeding with the case.
Read the full summary
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action on contract. Judgment for plaintiff by default. Motion to set aside default, denied. While a defendant has a proper motion on file and undisposed of, default judgment cannot be taken against him unless the determination of the motion either way would not prevent the plaintiff from proceeding with the case. (.Kemey v. Hatfield, 30 Ida. 90, 162 Pac. 1077 ; 23 Cyc. 750; 6 Ency. PI. & Pr. 93; Culver v. Mountain Home Electric Co., 17 Ida. 669, 107 Pac. 65; Crosson v. Cooper, 41…
1Opinion of the CourtBudge', J.
This is an action by respondent to recover from appellant $15,718.33 and interest, upon three alleged causes of action. From an order of the court denying appellant’s motion to vacate the judgment and set aside the default, this appeal is taken.
*461Upon the filing of the complaint, summons was issued and delivered to the sheriff, and in his return thereon he certified that he personally served the summons upon appellant, “by delivering to and leaving with W. B. Amsbary, personally, the statutory agent of said defendant, C. C. Taft Company, a corporation, in the county of Twin Falls, on the…
2Cases cited14 opinions
- Cohen v. TrowbridgeSupreme Court of Kansas · 1870
- Atchison, T. & S. F. Ry. Co. v. LambertSupreme Court of Oklahoma · 1912
- Bishop v. FischerSupreme Court of Kansas · 1915
- Culver v. Mountain Home Electric Co.Idaho Supreme Court · 1910
- Higley v. PollockNevada Supreme Court · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
- Keane v. AllenIdaho Supreme Court · 1949
- State Ex Rel. Sweeley v. BraunIdaho Supreme Court · 1941
- Poage v. Co-Operative Publishing Co.Idaho Supreme Court · 1937
- Phillips v. Manufacturers Trust Co.Court of Appeals for the Ninth Circuit · 1939
11 more not listed; retrieve them via the Exa API.