Chase v. Hagood
Idaho Supreme Court
APPEAL from District Court, Idaho County. By filing a demurrer, then answering and thereafter participating in the trial in the probate court, defendant, the respondent herein, made a general appearance in the action. (Bev. Stats., sec. 4892; 1 Am. & Eng.
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APPEAL from District Court, Idaho County. By filing a demurrer, then answering and thereafter participating in the trial in the probate court, defendant, the respondent herein, made a general appearance in the action. (Bev. Stats., sec. 4892; 1 Am. & Eng. Ency. of Law, ft. p. 182, and •authorities cited.) To have availed himself of any error the court may have made in sustaining the summons and its service, respondent should have stood on his special appearance and refused to appear further; otherwise the error, if any, will be considered merely technical and disregarded. (Idaho Bev. Stats.,…
1Opinion of the CourtHuston, C. J.
Plaintiff brought action in probate court, to recover $300 damages alleged to have been sustained by him through the wrongful acts of defendant, in breaking into inclosure of plaintiff, destroying a certain pigpen, and' driving-away certain hogs from the premises and possession of plaintiff.. The action ivas commenced by filing complaint, and issuing summons thereon. Summons was dated May 10th, returned May 15th and served May 11th. The summons contained the-following words: “The said action is brought to recover a judgment for the sum of $300 damages done to the plaintiff, together with the…
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