Beck v. Lavin
Idaho Supreme Court
APPEAL from District Court, Kootenai County. Hon. William W. Woods, Judge. Replevin by Simon Beck against Margaret Lavin and others. A default judgment was rendered for plaintiff, which on motion was set aside, and plaintiff appeals. The laws of this state require that all pleadings in the district courts and the supreme court shall be signed by a resident attorney of the state.
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APPEAL from District Court, Kootenai County. Hon. William W. Woods, Judge. Replevin by Simon Beck against Margaret Lavin and others. A default judgment was rendered for plaintiff, which on motion was set aside, and plaintiff appeals. The laws of this state require that all pleadings in the district courts and the supreme court shall be signed by a resident attorney of the state. (Laws 1905, p. 75.) Affidavits on motion to set aside a default judgment, under the provisions of sec. 4229, Rev. Stat., must show that the default occurred through mistake, inadvertence, surprise or excusable…
1Opinion of the CourtSullivan, J.
This is an appeal from an order vacating and setting aside a judgment obtained by default. The action is one in replevin, commenced by the appellant against the respondents, Lavin and others, to recover the possession of certain personal property, consisting of a lot of undertaking goods, alleged to be of the value of $947.50. To the complaint the defendants interposed a demurrer, which appears to have been confessed by the plaintiff, and he thereafter filed an amended complaint, and served the same by mail on one of the attorneys for the defendants. It appears from the record that the…
2Cases cited2 opinions
- Holzeman v. HenneberryIdaho Supreme Court · 1905
- Barrie v. Northern Assurance Co.Supreme Court of Minnesota · 1906
3Cited by7 opinions
- Hall v. WhittierIdaho Supreme Court · 1911
- Council Improvement Co. v. DraperIdaho Supreme Court · 1909
- State Ex Rel. Sweeley v. BraunIdaho Supreme Court · 1941
- Thomas v. StevensIdaho Supreme Court · 1956
- Voellmeck v. Northwestern Mutual Life InsuranceIdaho Supreme Court · 1939
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