Holzeman v. Henneberry
Idaho Supreme Court
APPEAL from District Court in and for Kootenai County. Honorable Ralph T. Morgan, Judge. Defendant moved on affidavits for an order vacating and setting aside a default judgment. Motion was granted and plaintiffs appealed. In order to set aside a judgment rendered on default, it must be shown that the default occurred through mistake, inadvertence, surprise or excusable neglect, and that the defendant has a meritorious defense.
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APPEAL from District Court in and for Kootenai County. Honorable Ralph T. Morgan, Judge. Defendant moved on affidavits for an order vacating and setting aside a default judgment. Motion was granted and plaintiffs appealed. In order to set aside a judgment rendered on default, it must be shown that the default occurred through mistake, inadvertence, surprise or excusable neglect, and that the defendant has a meritorious defense. (Bailey v. Taaffe, 29 Cal. 423; Parrott v. Den, 34 Cal. 79; Holland Bank v. Lieu-alien, 6 Idaho, 127, 53 Pac. 398.) cites no authorities on the point decided.
1Opinion of the CourtAilshie, J.
— This is an appeal from an order vacating and setting aside a default judgment. Plaintiffs filed their complaint on the twentieth day of January, 1904. On the same date summons and writ of attachment duly issued. The summons was served on the defendant in Kootenai county on the twenty-second day of January, and on the same day the writ of attachment was levied on certain personal property and also on one hundred and sixty acres of land belonging to the defendant. Thereafter, and within the ten days allowed for answering, Edwin McBee, Esq., served upon counsel for plaintiffs a demurrer to the…
Also in this document: Concurrence.
2Cases cited2 opinions
- Bailey v. TaaffeCalifornia Supreme Court · 1866
- Holland Bank v. LieuallenIdaho Supreme Court · 1898
3Cited by28 opinions
- Connolly v. Probate CourtIdaho Supreme Court · 1913
- Hall v. WhittierIdaho Supreme Court · 1911
- Swanson v. StateIdaho Supreme Court · 1960
- Humphreys v. Idaho Gold Mines Development Co.Idaho Supreme Court · 1912
- Pittock v. BuckIdaho Supreme Court · 1908
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