Sessions v. Walker
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. Wm. A. Babcock, Judge. From an order setting aside judgment by default, plaintiffs appeal. The default was properly entered, and it does not appear from the showing made that the respondents’ failure to appear and answer was due to their mistake of fact, inadvertence, surprise or excusable neglect, and the motion to vacate the default and set aside the judgment should have been denied.
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APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. Wm. A. Babcock, Judge. From an order setting aside judgment by default, plaintiffs appeal. The default was properly entered, and it does not appear from the showing made that the respondents’ failure to appear and answer was due to their mistake of fact, inadvertence, surprise or excusable neglect, and the motion to vacate the default and set aside the judgment should have been denied. (Domer v. Stone, 27 Ida. 279, 149 Pae. 505; State v. American Swety Co., 26 Ida. 652, Ann. Cas. 1916E, 209, 145 Pac.…
1Opinion of the CourtRice, C. J.
This appeal is from an order setting aside a judgment by default on the ground that the default was *364due to the mistake, inadvertence, surprise and excusable neglect of respondents. It appears from the record that on 'July 13, 1918, the court entered an order overruling a demurrer to the complaint of appellants and giving respondents ten days from the date of the order in which to file and serve their answer to the complaint. On July 23d, counsel for respondents, in a telephone conversation, requested counsel for appellants to grant a day or two additional time in which to serve and file the…
2Cases cited4 opinions
- Hall v. WhittierIdaho Supreme Court · 1911
- Humphreys v. Idaho Gold Mines Development Co.Idaho Supreme Court · 1912
- Pittock v. BuckIdaho Supreme Court · 1908
- Pease v. County of KootenaiIdaho Supreme Court · 1901
3Cited by9 opinions
- Stoner v. TurnerIdaho Supreme Court · 1952
- Johnson v. NolandIdaho Supreme Court · 1957
- Pauley v. Salmon River Lumber Co.Idaho Supreme Court · 1953
- Stilwell v. Weiser Iron Works, Inc.Idaho Supreme Court · 1945
- Atwood v. Northern Pacific Railway Co.Idaho Supreme Court · 1923
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