Ollis v. Orr
Idaho Supreme Court
APPEAL from District Court, Bingham County. The record is defective in the following particulars, many of which are substantial and fatal, viz.: The summons does not specify with any degree of certainty what action would be taken if the defendant defaulted. (Bev. Stats., sec. 4140, sub. 4; Dyas v. Keaton, 3 Mont. 498; Ward v. Ward, 59 Cal. 139; Atchison etc.
Read the full summary
APPEAL from District Court, Bingham County. The record is defective in the following particulars, many of which are substantial and fatal, viz.: The summons does not specify with any degree of certainty what action would be taken if the defendant defaulted. (Bev. Stats., sec. 4140, sub. 4; Dyas v. Keaton, 3 Mont. 498; Ward v. Ward, 59 Cal. 139; Atchison etc. R. Go. v. Nicholls, 8 Colo. 189, 6 Pac. 512.) The affidavit f-or publication of summons fails to- state that any complaint had been filed or any summons thereon issued, or the purpose of the suit, if any, or what effort had been made or…
1Opinion of the CourtQuarles, J.
— This action was commenced by the appellants to obtain a decree declaring a certain judgment, execution sale of certain lands, and a sheriff’s deed therefor to the defendants, to be void. The judgment attacked was rendered April 13, 1893, in the district court in and for Bingham county; the execution sale thereunder was made May 27, 1893; and the sheriff’s deed bears date December 24,. 1894. ■ The judgment is attacked on the idea that the court did not obtain jurisdiction of the person of the defendant therein, Daniel Ollis, the ancestor of the appellants. The complaint is very meager, and…
2Cited by10 opinions
- Kansas Gas & Electric Co. v. Public Service CommissionSupreme Court of Kansas · 1927
- Buckle v. McConaghyIdaho Supreme Court · 1906
- Blandy v. Modern Box Manufacturing Co.Idaho Supreme Court · 1925
- Hartenbower v. Mutual Ben. Life Ins. Co.Idaho Supreme Court · 1946
- Baldwin v. AndersonIdaho Supreme Court · 1932
5 more not listed; retrieve them via the Exa API.