Kynaston v. Thorpe
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for Bannock County. Hon. J. J. Guheen, Judge. Motion to vacate a judgment and set aside a default. Motion granted. Plaintiff appeals. To justify the court in setting aside the default judgment the applicant must show that the default occurred by reason of mistake, inadvertence, surprise or excusable neglect, and he must also show that he has a good defense to the cause of action set forth in the complaint.
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APPEAL from the District Court of the Fifth Judicial District for Bannock County. Hon. J. J. Guheen, Judge. Motion to vacate a judgment and set aside a default. Motion granted. Plaintiff appeals. To justify the court in setting aside the default judgment the applicant must show that the default occurred by reason of mistake, inadvertence, surprise or excusable neglect, and he must also show that he has a good defense to the cause of action set forth in the complaint. (Holland Bank v. Lieu-alien, 6 Ida. 127, 53 Pac. 398; Holzeman v. Henneberry, 11 Ida. 428, 83 Pac. 497; Harr v. Eight, 18 Ida.…
1Opinion of the CourtMorgan, J.
This action was commenced for the purpose of procuring a decree of the district court quieting appellant’s title to the waters of a certain stream in Bannock county. The complaint was filed on July 21, 1913, and summons was thereupon issued and served upon respondent and his codefendant, Annie B. Halvorsen. On August 19, both *305defendants appeared and demurred to the complaint. On December 12th of the same year the demurrer was withdrawn and the defendants were given twenty-five days within which to serve and file an answer. On January 27, 1914, no answer having been served or filed, judgment…
2Cases cited5 opinions
- Van Camp v. EmeryIdaho Supreme Court · 1907
- Parsons v. WrbleIdaho Supreme Court · 1911
- Hall v. WhittierIdaho Supreme Court · 1911
- Thomas v. ChambersMontana Supreme Court · 1894
- Ramey v. SmithWashington Supreme Court · 1910
3Cited by12 opinions
- King v. MitchellOregon Supreme Court · 1950
- Thomas v. StevensIdaho Supreme Court · 1956
- Crumley v. MindenIdaho Supreme Court · 1958
- Ticknor v. McGinnisIdaho Supreme Court · 1920
- Cleek v. Virginia Gold Mining & Milling Co.Idaho Supreme Court · 1942
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