Ticknor v. McGinnis
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Vm. A. Babcock, Judge. Action on contract. Judgment by default set aside. The district court erred in sustaining the motion of defendant to set aside the judgment. There was no sufficient showing of mistake, inadvertence, surprise or excusable neglect on the part of the defendant.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Vm. A. Babcock, Judge. Action on contract. Judgment by default set aside. The district court erred in sustaining the motion of defendant to set aside the judgment. There was no sufficient showing of mistake, inadvertence, surprise or excusable neglect on the part of the defendant. The proposed answer of the defendant is not a sufficient showing of merit to constitute a defense to the action. The district court abused its discretion in sustaining the motion. (Harr v. Right, 18 Ida. 53, 108 Pac. 539;…
1Opinion of the CourtMorgan, C. J.
Summons and complaint were served on respondent, personally, in Twin Falls county on December 22, 1917. On January 17, 1918, he having failed to appear and answer and the time provided by law and stated in the summons within which to do so having expired, his default and a judgment against him were entered. He moved that the judgment be set aside and for permission to file an answer. The ease is here on appeal from an order granting the motion.
After discussing the merits of his proposed defense respondent, in his affidavit filed in support of the motion, alleged as his reason for neglecting…
Also in this document: Concurrence.
2Cases cited4 opinions
- Heath v. Potlatch Lumber Co.Idaho Supreme Court · 1910
- Kynaston v. ThorpeIdaho Supreme Court · 1916
- Valley State Bank, Ltd. v. Post Falls Land & Water Co.Idaho Supreme Court · 1916
- Green v. CraneyIdaho Supreme Court · 1919
3Cited by12 opinions
- Avondale on Hayden, Inc. v. HallIdaho Court of Appeals · 1983
- Wilson v. BogertIdaho Supreme Court · 1959
- McMahon v. AugerIdaho Supreme Court · 1960
- Savage v. StokesIdaho Supreme Court · 1934
- Brainard v. Coeur D'Alene Antimony Mining Co.Idaho Supreme Court · 1922
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