Washington County Land & Development Co. v. Weiser National Bank
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for the County of Adams. Hon. Ed. L. Bryan, Judge. Suit to vacate and set aside judgment and to quiet title. Judgment for defendant. The stipulation filed by appellant and respondent was a voluntary appearance within the purview of sec. 4149, Rev. Codes, and had the jurisdictional effect of an answer or demurrer.
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APPEAL from the District Court of the Seventh Judicial District for the County of Adams. Hon. Ed. L. Bryan, Judge. Suit to vacate and set aside judgment and to quiet title. Judgment for defendant. The stipulation filed by appellant and respondent was a voluntary appearance within the purview of sec. 4149, Rev. Codes, and had the jurisdictional effect of an answer or demurrer. (Cooper v. Gordon, 125 Cal. 296, 301, 57 Pae. 1006.) Powers conferred on a court cannot be exercised by a judge in vacation, even by consent of parties, unless a statute so provides. (23 Cye. 545; Bates v. Gage, 40 Cal.…
1Opinion of the CourtMorgan, J.
This is an appeal from the district court of the seventh judicial district for Adams county, and is prosecuted from a judgment wherein the court refused to set aside a former judgment entered in a case in which respondent here was plaintiff and this appellant was defendant.
The defendant, Weiser National Bank, named as respondent herein, defaulted in the district court by its failure to answer or otherwise appear, but moved in this court to dismiss this appeal upon the ground that no undertaking on appeal, or deposit of money in lieu thereof, was made or deposited with the clerk of the…
2Cases cited5 opinions
- Wilson v. Boise CityIdaho Supreme Court · 1900
- Lowe v. TurnerIdaho Supreme Court · 1867
- Mutual National Bank v. MooreSupreme Court of Louisiana · 1898
- Flint v. ComlySupreme Judicial Court of Maine · 1901
- Crawford v. VintonMichigan Supreme Court · 1894
3Cited by12 opinions
- Miller v. ProutIdaho Supreme Court · 1921
- Short v. ThompsonIdaho Supreme Court · 1936
- Angel v. MellenIdaho Supreme Court · 1930
- Domer v. StoneIdaho Supreme Court · 1915
- Nuestel v. Spokane International Railway Co.Idaho Supreme Court · 1915
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