Parsons v. Wrble
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. E. C. Steele, Judge. Action to set aside default, vacate judgment and permit defendant to come in and defend, on action to quiet title. Default and judgment set side and defendant allowed to make this defense, from which order of the lower court plaintiff appeals.
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APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. E. C. Steele, Judge. Action to set aside default, vacate judgment and permit defendant to come in and defend, on action to quiet title. Default and judgment set side and defendant allowed to make this defense, from which order of the lower court plaintiff appeals. “In such cases (hearing on documentary evidence alone) the rule is that this court will make an original examination of the evidence as contained in the record, and will exercise its judgment and discretion the same as if the case were being…
1Opinion of the Court
WOODS, District Judge.
On January 17, 1910, L. F. Parsons brought his action in the court from which appeal is taken, to quiet title against the respondent to the northeast quarter of section 26, in township 36 north, of range 3 W., B. M., in Nez Perce county, Idaho. Personal service of summons was had on respondent the 20th of that month, and on February 10, 1910, his default for nonappearance was entered. The next day judgment was entered against him in favor of appellant, as prayed for in the complaint. On June 2, 1910, respondent filed his motion to set aside the default and vacate the…
2Cited by34 opinions
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- Curtis v. Siebrand Bros. Circus & Carnival Co.Idaho Supreme Court · 1948
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