Stevens v. Home Savings & Loan Ass'n
Idaho Supreme Court
APPEAL from District Court, Latah County. There is no showing of merits or answer tendered. In order to open or vacate a default he must show to the court a good defense to the action. (6 Am. & Eng.
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APPEAL from District Court, Latah County. There is no showing of merits or answer tendered. In order to open or vacate a default he must show to the court a good defense to the action. (6 Am. & Eng. Eney. of PI. & Pr. 181, 182; People v. Rains, 23 Cal. 128; Gibbons v. Scott, 15 Cal. 285; Reese v. Mahoney, 21 Cal. 306; Bailey v. Taafe, 29 Cal. 423; Nevada Bank v. Dresbach, 63 Cal. 324; Winninghojf v. Wittig, 64 Wis. 180, 24 N. IV. 912; Harsh v. Morgan, 1 Kan. 293.) Neither the common law nor any statute has ever authorized the consolidation of cross-actions because from their very nature they…
1Opinion of the CourtQuarles, J.
On the 1st day of June, 1892, De Wit Stevens, Ida E. Stevens, and G. G-. Stevens, three of the appellants here, made and entered into a contract with the Home Savings and Loan Association of Minneapolis, Minnesota, a corporation, the respondent here, in words and figures as fol= lows, to wit:
“$2,500. Tacoma, Washington, June 1, 1892.
“Received of the Home Savings and Loan Association of Minneapolis, Minnesota, twenty-five hundred dollars, as a loan on tvrenty-five shares of stock, No. 5,923, owned by us in said association. We, G-. G-. Stevens and De Wit Stevens and Ida E. Stevens, his wife,…
2Cases cited3 opinions
- Building & Loan Ass'n of Dakota v. GriffinTexas Supreme Court · 1897
- Mills v. Salisbury Building & Loan Ass'nSupreme Court of North Carolina · 1876
- Vermont Loan & Trust Co. v. HoffmanIdaho Supreme Court · 1897
3Cited by28 opinions
- Christensen v. HollingsworthIdaho Supreme Court · 1898
- Hunter v. PorterIdaho Supreme Court · 1904
- Burke Land & Livestock Co. v. Wells, Fargo & Co.Idaho Supreme Court · 1900
- Wing v. Amalgamated Sugar Co.Idaho Court of Appeals · 1984
- Jaeckel v. PeaseIdaho Supreme Court · 1898
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