Hall v. Jensen
Idaho Supreme Court
APPEAL from the District Court of Seventh Judicial District for Cauyou County. Hon. Frank J. Smith, Judge. Motion for a new trial denied by Hon. Ed. L. Bryan, successor to Judge Smith. Action to set aside a judgment. Judgment for the defendant. On the evidence as now presented to this court by the record, the judgment against appellant in the district court should not have been rendered, and he ought to be granted a new trial.
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APPEAL from the District Court of Seventh Judicial District for Cauyou County. Hon. Frank J. Smith, Judge. Motion for a new trial denied by Hon. Ed. L. Bryan, successor to Judge Smith. Action to set aside a judgment. Judgment for the defendant. On the evidence as now presented to this court by the record, the judgment against appellant in the district court should not have been rendered, and he ought to be granted a new trial. The only question is the technical one, as to whether sufficient showing has been made in the affidavit of Mr. Hall, used on the motion for the new trial, of due…
1Opinion of the CourtSullivan, J.
This action was brought in the district court to set aside a judgment entered by a justice of the peace, *168on the ground that the alias summons issued by the justice was not served on the defendant in that action, which was an action by J. M. Jensen and another, under the firm name of the Bank of Brigham City, as plaintiffs, v. M. F. Hall, defendant, to recover a money judgment. The cause was. tried by the court without a jury and judgment was entered in favor of the respondents, who are the defendants in this action. A motion for a new trial wms overruled and the appeal is from the judgment…
2Cases cited9 opinions
- Baker v. JosephCalifornia Supreme Court · 1860
- Wood v. MoultonCalifornia Supreme Court · 1905
- State v. LarkinsIdaho Supreme Court · 1897
- Schellhous v. BallCalifornia Supreme Court · 1866
- Steve v. Bonners Ferry Lumber Co.Idaho Supreme Court · 1907
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3Cited by31 opinions
- Checketts v. BowmanIdaho Supreme Court · 1950
- State v. FlemingIdaho Supreme Court · 1910
- State v. FoxIdaho Supreme Court · 1932
- Gem-Valley Ranches, Inc. v. SmallIdaho Supreme Court · 1966
- Asumendi v. FergusonIdaho Supreme Court · 1937
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