Duffield v. Ohnewein
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action on certain promissory notes. Judgment on confession for plaintiff. Appeal from the judgment and from an order refusing to vacate it. Counsel file no briefs.
1Opinion of the CourtBudge, J.
Amotion has been made to dismiss this appeal on the ground that the order appealed from is neither an appealable order nor a final judgment.
On June 13, 1919, the court ordered judgment for respondent on confession of appellant. On September 17, 1919, appellant served on respondent notice of motion to set aside the latter order, ‘ ‘ and for such other relief as may be proper. ’ ’ After the service of this notice and before the motion came on for hearing, a formal judgment was entered in favor of respondent, September 20, 1919, pursuant to the order theretofore entered in the minutes.
The notice…
2Cases cited2 opinions
- Shumake v. ShumakeIdaho Supreme Court · 1910
- Oliver v. Kootenai CountyIdaho Supreme Court · 1907
3Cited by3 opinions
- Central Deep Creek Orchard Co. v. C. C. Taft Co.Idaho Supreme Court · 1921
- Donaldson v. BucknerIdaho Supreme Court · 1945
- Snyder v. Utah Construction Co.Idaho Supreme Court · 1934