McKnight v. Grant
Idaho Supreme Court
APPEAL from the District Court of Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. . Action by plaintiff to recover from the defendant a sum-of money, and service had by publication; defendant specially appeared and moved to quash the summons, and service thereof. His motion was denied, and judgment was entered against him. Appeal from the judgment.
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APPEAL from the District Court of Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. . Action by plaintiff to recover from the defendant a sum-of money, and service had by publication; defendant specially appeared and moved to quash the summons, and service thereof. His motion was denied, and judgment was entered against him. Appeal from the judgment. Section 4145, Revised Statutes of 1887, which confers upon the probate judges of the state of Idaho the judicial power of granting an order for the service of a summons by publication, is unconstitutional and…
1Opinion of the CourtAilshie, C. J.
This is an appeal from a judgment entered on default, after service by publication. The plain*635tiff filed his complaint, and caused certain mining property belonging to tbe defendant to be attached. The summons was returned not served, for the reason that the defendant could not be found. An alias summons was thereafter issued and the plaintiff made and filed an affidavit for publication of summons, and presented the same to the probate judge of Nez Perce county, that being the county in which the action was commenced, praying for an order for publication of summons. The order wás duly and…
2Cases cited7 opinions
- Parsons v. WeisCalifornia Supreme Court · 1904
- Anderson v. GoffCalifornia Supreme Court · 1887
- Dunlap v. SteereCalifornia Supreme Court · 1891
- In re the Saline County Subscription, ThompsonSupreme Court of Missouri · 1869
- State v. LeClairSupreme Judicial Court of Maine · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Foore v. Simon Piano Co.Idaho Supreme Court · 1910
- Bergman v. KearneyDistrict Court, D. Nevada · 1917
- State v. TroutmanIdaho Supreme Court · 1931
- Mattice v. BabcockIdaho Supreme Court · 1932
- Hull v. CartinIdaho Supreme Court · 1940
3 more not listed; retrieve them via the Exa API.