Harvey v. Bunker Hill & Sullivan Mining & Concentrating Co.
Idaho Supreme Court
APPEAL from District Court, Shoshone County. The judgment rendered in the justice’s court is not a judgment by default, an answer being in, and issue of fact pending. Neither was it a judgment by confession, which must be in writing, admitting some sum to be due, and concisely stating the facts out of which the debt confessed arose. (Eev.
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APPEAL from District Court, Shoshone County. The judgment rendered in the justice’s court is not a judgment by default, an answer being in, and issue of fact pending. Neither was it a judgment by confession, which must be in writing, admitting some sum to be due, and concisely stating the facts out of which the debt confessed arose. (Eev. Stats., sees. 4725, 4777, 5061.) Neither is it a judgment by consent on the theory that by consenting thereto the party waives all objection to the judgment, and will not be allowed to question the same on appeal. The consent was not real, but pro forma…
1Opinion of the CourtSweet, J.
On March 25, 1889, plaintiff. filed his complaint before J. S. Languishe, a justice of the peace in and for Wardner precinct, Shoshone county, Idaho territory, in which he alleged that the defendant was indebted to him in the sum of $150 for professional services rendered at defendant’s instance and request. On that day a summons was issued, and was returned on the 29th of the same month. On the 29th, also, defendant appeared and filed its answer, denying each and every allegation contained in plaintiffs complaint. At the same time, defendant consented to what is termed in this written…
2Cases cited3 opinions
- Mecham v. McKayCalifornia Supreme Court · 1869
- Brick v. BrickMichigan Supreme Court · 1887
- Curtis v. Superior CourtCalifornia Supreme Court · 1883
3Cited by4 opinions
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- Barry McHugh v. Jeffrey ReidIdaho Court of Appeals · 2014
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