Bernhard v. Idaho Bank & Trust Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon) Robert N. Dunn, Judge. Action to have a judgment set aside on the ground that the trial court had no jurisdiction of the defendant. Judgment for respondent.
Read the full summary
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon) Robert N. Dunn, Judge. Action to have a judgment set aside on the ground that the trial court had no jurisdiction of the defendant. Judgment for respondent. It is conceded that where parties come into court asking for the vacation of a judgment upon grounds which rendered the said judgment voidable, and in fact upon any grounds except jurisdictional grounds, an allegation alleging meritorious defense must be set forth. This, however, is not the case where the defects in the judgment were jurisdictional.…
1Opinion of the CourtSullivan, J.
This action was brought to have a certain judgment and execution thereon declared void as against the plaintiff, and to have such judgment and execution vacated, annulled and set aside, and for an injunction restraining the collection of such judgment.
It appears from the complaint that on the 22d day of April, 1909, the respondent, a banking corporation, brought an action against the Coeur d’Alene Brewing Company and this appellant, upon certain promissory notes; that in that action the defendants therein appeared by their attorneys and filed a demurrer to the plaintiff’s complaint. The…
2Cases cited16 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. WareTexas Supreme Court · 1889
- Knox County v. HarshmanSupreme Court of the United States · 1890
- White v. CrowSupreme Court of the United States · 1884
- Yarbrough v. CommonwealthCourt of Appeals of Kentucky · 1889
- McCord v. McCordWashington Supreme Court · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- American Surety Co. v. BaldwinSupreme Court of the United States · 1932
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Stowell v. Texas Employers' Ins. Ass'nCourt of Appeals of Texas · 1924
- Ayrshire Coal Co. v. ThurmanIndiana Court of Appeals · 1920
- Brett v. FielderSupreme Court of Oklahoma · 1928
11 more not listed; retrieve them via the Exa API.