Hall v. Whittier
Idaho Supreme Court
APPEAL from tbe District Court of tbe Fourth Judicial District, for Twin Falls County. Hon. Edward A. Walters, Judge. From an order vacating and setting aside a default judgment and opening a default and allowing tbe defendant to answer, plaintiff appealed. On appeal tbe court will not presume from the giving of a notice of motion that such motion was actually made. This fact must appear from tbe record.
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APPEAL from tbe District Court of tbe Fourth Judicial District, for Twin Falls County. Hon. Edward A. Walters, Judge. From an order vacating and setting aside a default judgment and opening a default and allowing tbe defendant to answer, plaintiff appealed. On appeal tbe court will not presume from the giving of a notice of motion that such motion was actually made. This fact must appear from tbe record. (Heerlich v. McDonald, 80 Cal. 472, 22 Pac. 299; Lewis v. Fireman’s Ins. Co., 67 111. App. 195; People v. Ah Sam, 41 Cal. 645; Thomas v. Superior Court, 6 Cal. App. 629, 92 Pac. 739; Spencer…
1Opinion of the CourtAilshie, Presiding J.
This is an appeal from an order of the district court setting aside and vacating a judgment and opening a default. Plaintiff, who is appellant here, commenced an action against the defendants and respondents to recover judgment in the sum of $500 for services rendered by the plaintiff to the defendants. The defendants demurred to the complaint and thereafter and on the 13th day of February, 1911, the defendants appeared in open court by counsel *124and asked and were granted leave to withdraw their demurrer and take five days in which to answer the complaint. The court granted them a period of…
2Cases cited10 opinions
- Van Camp v. EmeryIdaho Supreme Court · 1907
- Parsons v. WrbleIdaho Supreme Court · 1911
- Holzeman v. HenneberryIdaho Supreme Court · 1905
- Council Improvement Co. v. DraperIdaho Supreme Court · 1909
- Bell v. BellIdaho Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Connolly v. Probate CourtIdaho Supreme Court · 1913
- Curtis v. Siebrand Bros. Circus & Carnival Co.Idaho Supreme Court · 1948
- Humphreys v. Idaho Gold Mines Development Co.Idaho Supreme Court · 1912
- Savage v. StokesIdaho Supreme Court · 1934
- Perry v. PerkinsIdaho Supreme Court · 1952
23 more not listed; retrieve them via the Exa API.