Vane v. Jones
Idaho Supreme Court
APPEAL from tbe District Court of First Judicial District for Kootenai County. Hon. Ralph T. Morgan, Judge. Motion supported by affidavit to vacate and set aside a judgment. Motion denied from which an appeal is perfected.
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APPEAL from tbe District Court of First Judicial District for Kootenai County. Hon. Ralph T. Morgan, Judge. Motion supported by affidavit to vacate and set aside a judgment. Motion denied from which an appeal is perfected. The affirmance of the original judgment by default in this court and the similar decisions in the case of Jones v. Vane, brought to set aside that judgment, to the effect' that the plaintiff had not shown sufficient equities to entitle him to the relief, was not a decision of any of the questions involved in that appeal, and. we are justified in reason, by precedent and by…
1Opinion of the CourtStockslager, C. J.
For the early history of this litigation, see Jones et al. v. Vane et al., 11 Idaho, 353, 82 Pac. 110. From that judgment appellant Jones sued out a writ of error to the supreme court of the United States; there the case was dismissed on motion of the Vanes on the ground that there was no federal question involved. Thereafter Jones moved in the district court to vacate and set aside the judgment. It is not shown by the record when that motion was filed or that it was ever filed. However, it is shown that on the tenth day of February, 1906, counsel.for Jones served the Vanes and Chas. L.…
Also in this document: Concurrence.
2Cases cited3 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Kerns v. MorganIdaho Supreme Court · 1905
- Jones v. VaneIdaho Supreme Court · 1905
3Cited by9 opinions
- Connolly v. Probate CourtIdaho Supreme Court · 1913
- McAllister v. EricksonIdaho Supreme Court · 1927
- Averbuch v. Great Northern Railway Co.Washington Supreme Court · 1909
- Richards v. RichardsIdaho Supreme Court · 1913
- Grant v. Oregon Railroad & Navigation Co.Washington Supreme Court · 1909
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