In re the Estate of Paige
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. George H. Stewart, Judge. Proceedings for probate of will. Application denied. The notice of motion should specify with particularity the precise grounds upon which the moving party will base his right to the relief sought, and a noncompliance with this rule is a sufficient ground for denying the motion.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. George H. Stewart, Judge. Proceedings for probate of will. Application denied. The notice of motion should specify with particularity the precise grounds upon which the moving party will base his right to the relief sought, and a noncompliance with this rule is a sufficient ground for denying the motion. (14 Ency. of PI. & Pr., 136, and cases cited; Estee’s Pleading, 4th ed., sec. 4401; Sawyer & Briggs v. Schoonmaker, 8 How. Pr. 198; Bailey & Southard v. Lane, 21 How. Pr. 475; Perkins v. Mead & Brook, 22 How.…
1Opinion of the CourtSullivan, J.
This appeal is from an order and judgment dismissing an appeal from a judgment rendered by the probate court of Ada county, and from an order denying a motion for leave to amend the undertaking on appeal, from the probate court to .the district court. The appellant filed in the probate court of Ada county her petition for the probate of the will of John D. Paige, deceased. A petition in opposition to the probate of said will was filed in said court; thereafter said matter came on to be heard, and after the hearing the probate court made an order that said will be not admit*414ted to probate;…
2Cases cited2 opinions
- Williams v. Boise Basin Mining & Development Co.Idaho Supreme Court · 1905
- Jackson v. BarrettIdaho Supreme Court · 1906
3Cited by6 opinions
- Spencer v. Idaho First National BankIdaho Court of Appeals · 1984
- Bissing v. BissingIdaho Supreme Court · 1911
- Martínez v. MartínezSupreme Court of Puerto Rico · 1921
- On Petition for RehearingIdaho Supreme Court · 1908
- Doran v. BirdIdaho Supreme Court · 1921
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