Call v. Rocky Mountain Bell Telephone Co.
Idaho Supreme Court
APPEAL from the District Court of the Fifth 'Judicial District,' for Bannock County. Hon. Alfred Budge, Judge. Action in probate court for debt. Judgment for plaintiff by default. Defendant appealed to the district court, where the judgment was affirmed, from which judgment defendant appealed to this court.
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APPEAL from the District Court of the Fifth 'Judicial District,' for Bannock County. Hon. Alfred Budge, Judge. Action in probate court for debt. Judgment for plaintiff by default. Defendant appealed to the district court, where the judgment was affirmed, from which judgment defendant appealed to this court. The records and files of the probate court at the time judgment was entered did not show that service had been made upon defendant (appellant), and therefore there were not sufficient jurisdictional facts shown to authorize the court to enter judgment.” (Kane v. Desmond, 63 Cal. 464;…
1Opinion of the CourtAilshie, J.
This appeal is from the judgment of the district court rendered and entered on appeal from a judgment of the probate court of Bannock county. The case was originally commenced in the probate court of Bannock county on June 16, 1908, for the recovery of the sum of $477.73. Summons was issued on the same day the action was instituted and was returned the following day. The *555defendant failed to appear and, after waiting the statutory time, the plaintiff introduced his evidence and judgment was entered in his favor. The defendant appealed to the district court on questions of law alone. In the…
2Cases cited16 opinions
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
- Woodward v. BrownCalifornia Supreme Court · 1897
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Herman v. SanteeCalifornia Supreme Court · 1894
- Allison v. ThomasCalifornia Supreme Court · 1887
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3Cited by8 opinions
- Love v. National Liberty InsuranceSupreme Court of Georgia · 1924
- Mason v. PelkesIdaho Supreme Court · 1936
- Bourgeious v. Santa Fe Trail Stages, Inc.New Mexico Supreme Court · 1939
- Blandy v. Modern Box Manufacturing Co.Idaho Supreme Court · 1925
- Fisher v. Crest Corp.Idaho Court of Appeals · 1987
3 more not listed; retrieve them via the Exa API.