Omaha Structural Steel Works v. Lemon
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Appeal from an order setting aside clerk’s default. The appeal is not taken from an appealable order under sec. 4807, Rev. Codes, or the amendments thereto. (Sess. Laws 1915, p. 193; Maple v. Williams, 15 Ida. 642, 98 Pac. 848; Freeman v. Ambrose, 12 Wash. 1, 40 Pac. 381; Beitmeir v. Siegmund, 13 Wash. 624, 43 Pae. 878.)
1Opinion of the CourtBudge, C. J.
This is an appeal from an order made by the district court, setting aside a default entered by the clerk of said court under the provisions of subd. 1, see. 4360, Rev. Codes, and from the action of the trial court in giving to each of the parties “5 days to suggest death of member of partnership and ask substitution of party and defendant given 10 days thereafter to answer or to plead otherwise.”
The respondents move to dismiss the appeal taken from the above order upon the ground and for the reason that the same is not an appealable order. Sec. 4807, Rev. Codes, which specifies what judgments…
2Cases cited6 opinions
- Sherman v. Standard Mines Co.California Supreme Court · 1913
- Reitmeir v. SiegmundWashington Supreme Court · 1896
- Rauer's Law & Collection Co. v. StandleyCalifornia Court of Appeal · 1906
- Maple v. WilliamsIdaho Supreme Court · 1908
- Rose v. LelandeCalifornia Court of Appeal · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sweeney v. American National BankIdaho Supreme Court · 1943
- Soderman v. PetersonIdaho Supreme Court · 1922
- State v. NobleIdaho Supreme Court · 1933
- Corbett v. DavisIdaho Supreme Court · 1919