Western Loan & Savings Co. v. Smith
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. Plaintiff moved on the affidavit of the president and manager of plaintiff corporation, and the pleadings and files in the action to set aside a default judgment. Motion was denied and,plaintiff appealed.
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APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. Plaintiff moved on the affidavit of the president and manager of plaintiff corporation, and the pleadings and files in the action to set aside a default judgment. Motion was denied and,plaintiff appealed. Where the allegations of an answer, pleaded again in the affirmative form, are in effect only a denial of the allegations of the complaint, they do not constitute a cross-complaint. (Goddard v. FvMon, 21 Cal. 430; Shain v. Belvin, 79 Cal. 262, 21 Pae. 747.) A cross-complaint is…
1Opinion of the CourtStockslager, C. J.
Plaintiff commenced this action in the district court of Bingham county against C. S. Smith and Nellie J. Smith to foreclose a mortage it had against these defendants. The complaint alleges that on the twenty-eighth day of February, 1891, defendants Smith executed their promissory note for the sum of $1,000, payable on or before five years after date with interest at the rate of nine per cent per annum payable monthly in advance, to the Western Building and Loan Association, a corporation, under the laws of Idaho. That on the same day defendants executed their mortgage to secure the payment…
2Cases cited8 opinions
- Bailey v. TaaffeCalifornia Supreme Court · 1866
- Hunter v. PorterIdaho Supreme Court · 1904
- Holzeman v. HenneberryIdaho Supreme Court · 1905
- Holland Bank v. LieuallenIdaho Supreme Court · 1898
- Gunn v. MadiganWisconsin Supreme Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hall v. WhittierIdaho Supreme Court · 1911
- Humphreys v. Idaho Gold Mines Development Co.Idaho Supreme Court · 1912
- Radioear Corporation v. CrouseIdaho Supreme Court · 1976
- Savage v. StokesIdaho Supreme Court · 1934
- Council Improvement Co. v. DraperIdaho Supreme Court · 1909
10 more not listed; retrieve them via the Exa API.