Legal Opinion

Bowen v. Harper

Idaho Supreme Court

Decided November 24, 1899PublishedCited by 7 opinions

APPEAL from District Court, Elmore County. The default of John E. Harper in this cause was improperly-entered. The service of the summons was not complete until one month after service on John E. Harper on March 21, 1898, and Harper had forty days after that to answer, or all of April 80th. (Rev. Stats., sec. 4146; Abrahams v. Mitchell, 8 Abb. Pr. 123; Fiske v. Anderson, 12 Abb. Pr. 8; Brooklyn Trust Go. v. Buhmer, 49 N. Y. 84; Market Nat. Bank v. Pacific Nat.

Read the full summary

APPEAL from District Court, Elmore County. The default of John E. Harper in this cause was improperly-entered. The service of the summons was not complete until one month after service on John E. Harper on March 21, 1898, and Harper had forty days after that to answer, or all of April 80th. (Rev. Stats., sec. 4146; Abrahams v. Mitchell, 8 Abb. Pr. 123; Fiske v. Anderson, 12 Abb. Pr. 8; Brooklyn Trust Go. v. Buhmer, 49 N. Y. 84; Market Nat. Bank v. Pacific Nat. Bank, 89 N. Y. 397; Tomlinson v. Tan Techien, 6 How. Pr. 199; Grewell v. Henderson, 5 Cal. 465.) John E. Harper not being in default,…

1Opinion of the CourtQuarles, J.

— The plaintiff commenced this action in the court below to foreclose a mortgage. Two of the defendants were served with summons in this state; one John E. Harper, the principal defendant, being absent. Order for publication of summons against said absent defendant, Harper, was duly made February 10, 1898. In lieu of publication of the summons, the plaintiff caused the summons and copy of complaint to be served upon said defendant, Harper, personally on the twenty-first day of February, 1898, in the city of Chicago, in the state of Illinois. The default of said defendant, Harper, was entered…

2Cases cited3 opinions

  1. Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
  2. Brooklyn Trust Co. v. . BulmerNew York Court of Appeals · 1872
  3. Grewell v. HendersonCalifornia Supreme Court · 1855

3Cited by7 opinions

  1. Reynolds v. Gladys Belle Oil Co.Montana Supreme Court · 1926
  2. Dallam County Bank v. BurnsideNew Mexico Supreme Court · 1926
  3. Golden v. Fifth Judicial District CourtNevada Supreme Court · 1909
  4. McLean v. MoranMontana Supreme Court · 1909
  5. Forsyth v. ChambersNevada Supreme Court · 1908

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API