Elliott v. Wirth
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for attorney fees. Judgment for plaintiffs by default. Motion to quash the summons, vacate default and set aside judgment and sale under execution, denied. The order for service of summons outside the state must be based upon an affidavit made within a reasonable time prior to the granting of the order.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for attorney fees. Judgment for plaintiffs by default. Motion to quash the summons, vacate default and set aside judgment and sale under execution, denied. The order for service of summons outside the state must be based upon an affidavit made within a reasonable time prior to the granting of the order. (Forbes v. Hyde, 31 Cal. 342; Cohn v. Kember, 47 Cal. 144; Bank of Venice v. Hutchison, 19 Cal. App. 219, 125 Pae. 252; New York Baptist Union v. Atwell, 95 Mich. 239, 54 N. W.…
1Opinion of the CourtBudge, J.
This action was brought by respondents to recover $718 for legal and professional services rendered by them to appellant.
From the record it appears that on April 28, 1917, a verified complaint was filed herein, summons was issued, and .certain capital stock of the Ames Wholesale Grocery & Supply Company, owned by appellant, was attached; that on May 9, 1917, the sheriff filed the summons with the clerk, with his return thereon that after due and diligent search and inquiry he was unable to find appellant in Ada county, state of Idaho; that an alias summons was issued; that respondents filed…
Also in this document: Concurrence.
2Cases cited17 opinions
- Security Loan & Trust Co. v. Boston & South Riverside Fruit Co.California Supreme Court · 1899
- Belknap v. CharltonOregon Supreme Court · 1893
- Ligare v. California Southern RailroadCalifornia Supreme Court · 1888
- Smith v. DayOregon Supreme Court · 1901
- Harpold v. DoyleIdaho Supreme Court · 1908
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3Cited by4 opinions
- Klosenski v. FlahertySupreme Court of Florida · 1959
- State Ex Rel. Sweeley v. BraunIdaho Supreme Court · 1941
- Central Deep Creek Orchard Co. v. C. C. Taft Co.Idaho Supreme Court · 1921
- Fox v. CurryMontana Supreme Court · 1934