Legal Opinion

Westmont Tractor Co. v. Estate of Westfall

Idaho Supreme Court

Decided April 7, 1987No. 16423PublishedCited by 7 opinions

1Opinion of the Court

DONALDSON, Justice.

This appeal comes to us from the district court’s nunc pro tunc entry of judgment against the appellant, Karla Westfall, Personal Representative of the estate of Chris Westfall. We are asked to decide whether, in the circumstances of this case, a nunc pro tunc entry of judgment against an alleged debtor’s personal representative is proper when the personal representative has not been substituted as a defendant in the action which had been brought to collect the debt. For the reasons set forth below, we hold the district court’s order to be improper, and therefore', reverse…

2Cases cited5 opinions

  1. Obray v. MitchellIdaho Supreme Court · 1977
  2. In Re Estate of CarterCourt of Appeals of Washington · 1975
  3. Ward v. LupinacciIdaho Court of Appeals · 1986
  4. Fall River Irrigation Co. v. SwendsenIdaho Supreme Court · 1925
  5. Donaldson v. HenryIdaho Supreme Court · 1941

3Cited by7 opinions

  1. Weaver v. Searle Bros.Idaho Supreme Court · 1998
  2. Horton v. HortonIdaho Supreme Court · 2022
  3. Taylor v. Chamberlain, D.O.Idaho Supreme Court · 2013
  4. Smith v. Glenns Ferry Hwy DistIdaho Supreme Court · 2020
  5. State v. HorsleyIdaho Supreme Court · 1990

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