Valley State Bank, Ltd. v. Post Falls Land & Water Co.
Idaho Supreme Court
APPEAL from the District Court of tbe Eighth Judicial District for Kootenai County. Hon. Robt. M. Dunn, Judge. Action to recover on a promissory note and default judgment entered, and on motion of defendant the court made an order setting aside the default.
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APPEAL from the District Court of tbe Eighth Judicial District for Kootenai County. Hon. Robt. M. Dunn, Judge. Action to recover on a promissory note and default judgment entered, and on motion of defendant the court made an order setting aside the default. While an order of the district court setting aside or refusing to set aside a judgment by default rests much in the discretion of the court, this discretion is not a mental discretion, to be exercised ex graMa, but is a legal discretion to be exercised in conformity with law. (Bailey v. Taafe, 29 Cal. 423; Holzeman v. Henneberry, 11 Ida.…
1Opinion of the CourtSullivan, C. J.
This action was brought to recover against the defendants on a promissory note executed by the corporation to the defendant Coffman, for the sum of $500 and interest, and indorsed by him. The defendant corporation failed to appear and answer. Coffman appeared and filed a demurrer. Thereafter the attorney for the plaintiff notified the attorney for defendant Coffman that the demurrer would be called for hearing on November 20, 1915. On that date, by agreement of counsel, the demurrer was submitted to the court without argument and was overruled by the court and defendant Coffman was given ten…
2Cases cited3 opinions
- Hall v. WhittierIdaho Supreme Court · 1911
- Domer v. StoneIdaho Supreme Court · 1915
- Kynaston v. ThorpeIdaho Supreme Court · 1916
3Cited by7 opinions
- Thomas v. StevensIdaho Supreme Court · 1956
- Kingsbury v. BrownIdaho Supreme Court · 1939
- Ticknor v. McGinnisIdaho Supreme Court · 1920
- Cleek v. Virginia Gold Mining & Milling Co.Idaho Supreme Court · 1942
- Voellmeck v. Northwestern Mutual Life InsuranceIdaho Supreme Court · 1939
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