Goodman v. Minear Mining & Milling Co.
Idaho Supreme Court
Appeal from the third judicial district, Owyhee county. Judgment by default against the defendant, a mining corporation. Subsequently, the defendant moved to “ set aside the default and judgment,” which motion was denied by the court. To this ruling the defendant took no exception “at the time,” but gave verbal notice in open court that it “would appeal said cause,” and asked a stay of proceedings for five days, w'hich was granted.
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Appeal from the third judicial district, Owyhee county. Judgment by default against the defendant, a mining corporation. Subsequently, the defendant moved to “ set aside the default and judgment,” which motion was denied by the court. To this ruling the defendant took no exception “at the time,” but gave verbal notice in open court that it “would appeal said cause,” and asked a stay of proceedings for five days, w'hich was granted. There is copied into the record quite a number of affidavits, but there is no certificate of the judge or clerk that they were the affidavits used on the hearing…
1Opinion of the Court 1
McBkede, G. J.,
delivered the opinion of the court,
2ConcurrenceCum-mins, J.
This appeal is taken from the ruling of the court below on a motion made by defendant to set aside a judgment obtained by default in favor of plaintiffs, which judgment appears to have been for the sum of four hundred and seventy dollars and eighty cents and costs, as set forth in the notice of appeal.
It does not appear that any exception was taken to the ruling of the court on the motion, and as the whole ground of the appeal is upon that ruling, under the rule announced in the case of Lamkin v. Sterling at this term, the appeal must be…
Also in this document: Opinion of the Court · Cummins.
3Cases cited2 opinions
- White v. Abernathy, Clark & Co.California Supreme Court · 1853
- Smith v. CurtisCalifornia Supreme Court · 1857
4Cited by4 opinions
- State v. PerryIdaho Supreme Court · 1894
- State v. PrestonIdaho Supreme Court · 1894
- Randy Poole v. Darin DavisIdaho Supreme Court · 2012
- Toulouse v. BurkettIdaho Supreme Court · 1887