Humphreys v. Idaho Gold Mines Development Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon, Carl A. Davis, Judge. Action to quiet title to mineral claims. Judgment by default in favor of plaintiff. Defendant moved to vacate and set aside the judgment and default. Motion granted and plaintiff appealed. Defendant must show that it is free from fault, heedlessness or lack of diligence in protecting its rights.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon, Carl A. Davis, Judge. Action to quiet title to mineral claims. Judgment by default in favor of plaintiff. Defendant moved to vacate and set aside the judgment and default. Motion granted and plaintiff appealed. Defendant must show that it is free from fault, heedlessness or lack of diligence in protecting its rights. Such carelessness, negligence or inattention as could not be predicated of a good, careful business man in matters of material concern to him is not sufficient to authorize the setting aside of the…
1Opinion of the CourtAilshie, J.
This is an appeal from an order setting aside a judgment and opening up a default. The action was commenced by the plaintiffs, who are appellants herein, for the purpose of quieting their title to the Exchequer No. 1 and Exchequer No. 2 lode mining claims. The complaint was filed on February 9, 1911. Summons thereupon issued and was served the following day. Default was entered on March 9th following. Proofs were thereafter made and judgment was entered on March 13, 1911. The defendant, respondent herein, is a foreign corporation and had designated a resident agent in conformity with the…
2Cases cited20 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Melde v. ReynoldsCalifornia Supreme Court · 1900
- Nicoll v. WeldonCalifornia Supreme Court · 1900
- Altoona Quicksilver Mining Co. v. Integral Quicksilver Mining Co.California Supreme Court · 1896
- Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
15 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Cole v. RalphSupreme Court of the United States · 1920
- Dellwo v. PetersenIdaho Supreme Court · 1921
- McLean v. LadewigCalifornia Court of Appeal · 1934
- Oliver v. BurgOregon Supreme Court · 1936
- Panhandle Lumber Co. v. RancourIdaho Supreme Court · 1913
22 more not listed; retrieve them via the Exa API.