Lind v. Moyes

GIVENS, J. —

July 8, 1931, respondent Moyes filed suit against appellant in a justice court in Twin Falls county. Appearance was required by the summons within five days, to wit, the 13th. No appearance having been made, July 14th respondent took judgment. Thereafter, on the 16th of July, appellant, by proper affidavit and motion, sought to have the default set aside on the ground that through inadvertence and mistake appellant had misinformed his attorneys as to the correct return date, which motion the justice denied. The action herein was instituted in equity to enjoin the enforcement of…