Pease v. County of Kootenai
Idaho Supreme Court
APPEAL from District Court, Kootenai County. There is hardly a case where judgment of default has been entered, in which grounds equally forcible for opening the same might not be presented.
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APPEAL from District Court, Kootenai County. There is hardly a case where judgment of default has been entered, in which grounds equally forcible for opening the same might not be presented. (Elliott v. Shaw, 16 Cal. 378.) In the case of Shearman v. Jorgensen, 106 Cal. 485, 39 Pac. 863, the defendant relied upon “inadvertence” as his excuse for not having filed his answer in time, and in his affidavit he stated merely that the failure to file the answer was “through inadvertence upon his part.” The court says that something more than a general statement of “inadvertence” (surprise, mistake or…
1Opinion of the CourtStockslager, J.
This is an appeal from an order of the district court of Kootenai county vacating and setting aside a judgment rendered and entered by default on the twenty-third day of August, 1900. The record discloses that the plaintiffs, as husband and wife, on the twenty-seventh day of March, 1900, filed their complaint against defendant, claiming that they were entitled to recover from said county the sum of $1,533.04, balance due for the services of George H. Pease as sheriff of said county for the years 1897-98. On the twenty-third day of July a default was entered, and on the same day judgment in…
2Cited by10 opinions
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- Culver v. Mountain Home Electric Co.Idaho Supreme Court · 1910
- Occidental Life Insurance v. NiendorfIdaho Supreme Court · 1935
- Kingsbury v. BrownIdaho Supreme Court · 1939
- Richards v. RichardsIdaho Supreme Court · 1913
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