Dellwo v. Petersen
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Judgment of dismissal for failure to furnish security for costs. As a general rule, if there is any reasonable doubt in the matter, it will be resolved in favor of the granting of the application to set aside the judgment and allowing the trial upon the merits of the case. (Humphreys v. Idaho Gold Mines etc.
Read the full summary
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Judgment of dismissal for failure to furnish security for costs. As a general rule, if there is any reasonable doubt in the matter, it will be resolved in favor of the granting of the application to set aside the judgment and allowing the trial upon the merits of the case. (Humphreys v. Idaho Gold Mines etc. Co., 21 Ida. 126, 120 Pac. 823, 40 L. R. A., N. S., 817.) A refusal to set aside a judgment on meritorious defense shown on a proper equitable ground may amount to an abuse of…
1Opinion of the CourtBudge, J.
This is an action for damages on account of alleged fraud and deceit in making an exchange of lands.
Appellant instituted this action in the district court on August 18, 1916, against these respondents and three others. The trial resulted in a judgment of nonsuit against appellant on March 30, 1917, which judgment was reversed on appeal to this court, on March 25, 1919, as to these respondents, and the cause was remanded for trial. (Dellwo v. Petersen, 32 Ida. 172, 180 Pac. 167.) In the meantime, appellant moved to Montana, and on September 9, 1919, respondents’ counsel served upon Robert D.…
2Cases cited14 opinions
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
- Humphreys v. Idaho Gold Mines Development Co.Idaho Supreme Court · 1912
- Council Improvement Co. v. DraperIdaho Supreme Court · 1909
- Ford v. DoyleCalifornia Supreme Court · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- American Surety Co. v. BaldwinSupreme Court of the United States · 1932
- Bunn v. BunnIdaho Supreme Court · 1978
- Stoner v. TurnerIdaho Supreme Court · 1952
- Calhoun v. GreeningAlaska Supreme Court · 1981
- Johnson v. NolandIdaho Supreme Court · 1957
18 more not listed; retrieve them via the Exa API.