Darwin v. Darwin
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Motion to set aside default entered against the defendant. Motion denied. ‘ ‘ Since a judgment by default is not favored in divorce suits, the courts are specially inclined to interpose by opening or setting aside such a judgment and giving defendant a day in court so that the merits of his defense may be passed on. ” (14 Cyc. 714; 7 Ency.
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APPEAL from the District Court of the Second Judicial District for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Motion to set aside default entered against the defendant. Motion denied. ‘ ‘ Since a judgment by default is not favored in divorce suits, the courts are specially inclined to interpose by opening or setting aside such a judgment and giving defendant a day in court so that the merits of his defense may be passed on. ” (14 Cyc. 714; 7 Ency. PI. & Pr. 141; McBlain v. McBlain, 77 Cal. 507, 20 Pac. 61; Wadsworth v. Wadsworth, 81 Cal. 182/15 Am. St. 38, 22 Pac. 648; Cohn v.…
1Dissent
BUDGE, J.,
Dissenting. — I am unable to agree with the majority of the court in the conclusions reached in this case. The facts as set out in the' majority opinion, so far as they relate to the matter discussed, are correctly stated, but for the purpose of making my position clear and in support of my contention that a different rule of law should be applied in cases of this character, certain additional facts which appear in the record will be briefly referred to.
The complaint of the respondent was filed on August 3, 1914, in which it is alleged, among other things, that for more than four…
2Cases cited13 opinions
- Deyoe v. Superior CourtCalifornia Supreme Court · 1903
- Douglass v. ToddCalifornia Supreme Court · 1892
- Parsons v. WrbleIdaho Supreme Court · 1911
- Wadsworth v. WadsworthCalifornia Supreme Court · 1889
- Humphreys v. Idaho Gold Mines Development Co.Idaho Supreme Court · 1912
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