First Savings Bank v. Sherman
Idaho Supreme Court
APPEAL from the District Court of tbe Ninth Judicial District, for Fremont County. Hon. James G. Gwinn, Judge. Appeal from an order setting aside default and vacating judgment. “While it may not be good practice to embody in the same instrument an answer and a cross-complaint, we know of no provision of the statute prohibiting that method of pleading, and it is clear to us that a cross-complaint is pleaded in this action which was not answered.”
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APPEAL from the District Court of tbe Ninth Judicial District, for Fremont County. Hon. James G. Gwinn, Judge. Appeal from an order setting aside default and vacating judgment. “While it may not be good practice to embody in the same instrument an answer and a cross-complaint, we know of no provision of the statute prohibiting that method of pleading, and it is clear to us that a cross-complaint is pleaded in this action which was not answered.” (Western Loan & Sav■ Co. v. Smith, 12 Ida. 94, 85 Pac. 1084.) While each cause of action must be complete in itself, such allegations may be…
1Opinion of the Court
REDDOCH, District Judge.
This action was commenced by respondent upon a promissory note to recover the sum of $3,899.80, with interest, attorneys’ fees, and costs. The note was executed for the sum of $5,000, secured by chattel mortgage which had been reduced to the above amount by a summary foreclosure of said mortgage, by notice and sale. Appellants’ answer contained a further and separate answer and a cross-complaint. The time for answering the cross-complaint having expired, and no answer or demurrer thereto *346having been filed, respondent’s default was entered and appellants submitted proof…
2Cases cited1 opinion
- Hanson v. SkogmanNorth Dakota Supreme Court · 1905
3Cited by8 opinions
- Gunnell v. Largilliere Co.Idaho Supreme Court · 1928
- Peterson v. Hailey National BankIdaho Supreme Court · 1931
- State v. BaconIdaho Supreme Court · 1990
- Universal CIT Credit Corporation v. WhitworthIdaho Supreme Court · 1956
- Wettlin v. JonesWyoming Supreme Court · 1925
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