Parke v. Wardner
Idaho Supreme Court
APPEAL from District Court, Shoshone County. If a summons is defective, the court acquires no jurisdiction either of the persons of defendants served or of the subject matter of the action, and the entry of default by the clerk was without authority. (Atchison etc.
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APPEAL from District Court, Shoshone County. If a summons is defective, the court acquires no jurisdiction either of the persons of defendants served or of the subject matter of the action, and the entry of default by the clerk was without authority. (Atchison etc. R. R. Co. v. NiclioTls, 8 Colo. 188, 6 Pac. 512; Smith v. Aurich, 6 Colo. 388; People v. Green, 52 Cal. 577; Porter v. Hermann, 8 Cal. 625.) Under the provisions of statutes identical in language with our own, we cite: Bond v. Pacheco, 30 Cal. 530; Providence Tool Co. v. Prader, 32 Cal. 636, 91 Am. Dee. 598; Cram v. Hirschfelder,…
1Opinion of the CourtBroderick, J.
This is an action for the recovery of the value of certain goods and chattels which are alleged to have been wrongfully converted and sold. The plaintiffs demanded judgment for $900 and costs. Summons was issued and served on the defendants, but there was no appearance or answer. Default and final judgment was entered by the clerk, and from this judgment the defendants appeal, and assign as error: 1. The summons does not set forth the cause of action stated in the complaint in any manner, and the clerk had no jurisdiction to enter default; 2. The judgment entered by the clerk herein was…
2Cited by2 opinions
- Zimmerman v. Bradford-Kennedy Co.Idaho Supreme Court · 1908
- Welch v. BiggerIdaho Supreme Court · 1913