Legal Opinion

Crane v. City of Harrison

Idaho Supreme Court

Decided July 20, 1921PublishedCited by 5 opinions

APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. W. P. McNaughton, Judge. Motion by plaintiff to set aside default. Sustained. Defendant appeals. • Motion by defendant to dissolve injunction. Denied. Defendant appeals.

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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. W. P. McNaughton, Judge. Motion by plaintiff to set aside default. Sustained. Defendant appeals. • Motion by defendant to dissolve injunction. Denied. Defendant appeals. “It is always an absolute objection to the allowance of an injunction, for the purpose of protecting property during a litigation, that the complaint shows that the party seeking the injunction has no title to or interest in the property, and no claim to the ultimate relief sought by the litigation; .in other words, that the complaint…

1Opinion of the CourtDunn, J.

Appellants are prosecuting two appeals, the first being an appeal from the decision of the district court sustaining respondent’s motion to set aside the default entered against him for failure to amend his complaint within the time allowed by the court and to vacate the judgment dismissing his action, and the second an appeal from the decision of the court denying appellant’s motion to dissolve an injunction.

The default against the defendant entered on February 8, 1921, rests upon the service of an order of court sustaining a demurrer to the complaint and allowing ten days for filing an…

2Cases cited1 opinion

  1. Nuestel v. Spokane International Railway Co.Idaho Supreme Court · 1915

3Cited by5 opinions

  1. Freigy v. Gargaro Company, Inc.Indiana Supreme Court · 1945
  2. Swanson v. StateIdaho Supreme Court · 1960
  3. Atwood v. Northern Pacific Railway Co.Idaho Supreme Court · 1923
  4. Curtis v. Siebrand Bros. Circus & Carnival Co.Idaho Supreme Court · 1948
  5. Swanson v. StateIdaho Supreme Court · 1960

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