Green v. Craney
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Benewah County. Hon. R. N. Dunn, Judge. Appeal from an order vacating a judgment for plaintiff.. The respondent sought to have the judgment which was entered in, this case set aside and annulled under the provisions of sec. 4229, Rev. Codes.
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APPEAL from the District Court of the Eighth Judicial District, for Benewah County. Hon. R. N. Dunn, Judge. Appeal from an order vacating a judgment for plaintiff.. The respondent sought to have the judgment which was entered in, this case set aside and annulled under the provisions of sec. 4229, Rev. Codes. However, this court has repeatedly held that a showing made under this section, in order to entitle the court to grant relief from the judgment, must establish facts which show excusable neglect, inadvertence and surprise, and must also show that the party seeking relief has a meritorious…
1Opinion of the CourtMorgan, C. J.
This action was commenced by appellants to recover on a judgment made and entered against respondent in Cherokee county, Kansas. An answer was filed, and, on motion of appellants, the court granted judgment in their favor on the pleadings. Respondent moved that the judgment be set aside and for permission to file and serve an amended answer, on the following grounds:
“1st. That said judgment was rendered against this defendant by his excusable mistake, inadvertence and surprise.
“2d. That at the time said judgment was rendered an order had been made in the above-entitled court sustaining the…
2Cases cited1 opinion
- Domer v. StoneIdaho Supreme Court · 1915
3Cited by3 opinions
- Ticknor v. McGinnisIdaho Supreme Court · 1920
- Cleek v. Virginia Gold Mining & Milling Co.Idaho Supreme Court · 1942
- Atwood v. Northern Pacific Railway Co.Idaho Supreme Court · 1923