Smith v. Peterson
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Appeal from a judgment dismissing an appeal from the probate court. “The application for such relief (to set aside default) must be made within a reasonable time, not later than sis months from the rendering of the decree, or the making of the order, or the occurrence of the proceedings sought to be set aside.”
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APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Appeal from a judgment dismissing an appeal from the probate court. “The application for such relief (to set aside default) must be made within a reasonable time, not later than sis months from the rendering of the decree, or the making of the order, or the occurrence of the proceedings sought to be set aside.” (Chandler v. Probate Court, 26 Ida. 173, 141 Pac. 635.) The proper procedure, if notice was insufficient, would be to set aside the service and continue the application for…
1Opinion of the CourtMorgan, J.
This action was commenced in the probate court, by respondent against appellant, on July 20, 1915, and the time to answer, specified in the summons, was July 26th. On July 25th appellant advised the probate judge that the attorney he desired to employ was absent from the state and would not return in time to. answer and the judge promised that the date for appearance would be postponed until July 28th. On the last-mentioned date appellant and his attorney appeared in the probate court prepared to answer and to proceed with the trial, but were informed by the judge that he, having forgotten…
2Cases cited9 opinions
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- Cady v. KellerIdaho Supreme Court · 1916
- Zimmerman v. Bradford-Kennedy Co.Idaho Supreme Court · 1908
- Empire Mill Co. v. District Court of the Eighth Judicial DistrictIdaho Supreme Court · 1915
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3Cited by11 opinions
- Hartley v. BohrerIdaho Supreme Court · 1932
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- Independence Placer Mining Co. v. KnaussIdaho Supreme Court · 1919
- Vaught v. StrubleIdaho Supreme Court · 1941
- La Salle Extension University v. District Court of the First Judicial DistrictIdaho Supreme Court · 1932
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