Smith v. Clyne
Idaho Supreme Court
APPEAL from tbe District Court of tbe Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. An action to recover a money judgment in tbe probate court on appeal to tbe district court. Appeal dismissed. Even if notice of appeal is not as full in all particulars as it might be, this court, in accordance with the general practice, has applied liberal rules of construction in the consideration of notices of appeal. (Idaho Go.
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APPEAL from tbe District Court of tbe Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. An action to recover a money judgment in tbe probate court on appeal to tbe district court. Appeal dismissed. Even if notice of appeal is not as full in all particulars as it might be, this court, in accordance with the general practice, has applied liberal rules of construction in the consideration of notices of appeal. (Idaho Go. M. & M. Co. v. Lundstrum, 9 Ida. 257, 74 Pac. 975; Taylor v. McCormick, 7 Ida. 524; 64 Pac. 239; Spelling’s New Trial and Appeal, see. 534.) The only…
1Opinion of the CourtStewart, J.
This action was commenced in the probate court of Bingham county, Idaho. The complaint was filed September 30, 1907; summons issued on the same date. On October 16th, the defendants appeared by their attorneys and filed a motion to strike out certain portions of the plaintiff’s complaint, and at the same time filed a demurrer to the complaint. On October 22d a default was entered against the defendant, D. TL Clyne, for want of an answer. Thereafter proofs were offered and judgment rendered for plaintiff. On October 30th said motion was overruled. An appeal was taken from the judgment to the…
2Cases cited8 opinions
- People ex rel. Jones v. Cty. Court of El DoradoCalifornia Supreme Court · 1858
- Maxson v. Superior CourtCalifornia Supreme Court · 1899
- Holt v. GridleyIdaho Supreme Court · 1900
- Myrick v. Superior CourtCalifornia Supreme Court · 1885
- Rickey v. Superior CourtCalifornia Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bank of Commerce v. WilliamsWyoming Supreme Court · 1937
- Boise Motor Car Co. v. St. Paul Mercury Indemnity Co.Idaho Supreme Court · 1941
- Smith v. ClyneIdaho Supreme Court · 1909
- Smith v. PetersonIdaho Supreme Court · 1917
- Gaiser v. SteeleIdaho Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.