Legal Opinion

Stevens v. Home Savings & Loan Ass'n

Idaho Supreme Court

Decided January 14, 1898PublishedCited by 28 opinions

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

  1. Building & Loan Ass'n of Dakota v. GriffinTexas Supreme Court · 1897
  2. Mills v. Salisbury Building & Loan Ass'nSupreme Court of North Carolina · 1876
  3. Vermont Loan & Trust Co. v. HoffmanIdaho Supreme Court · 1897

3Cited by28 opinions

  1. Christensen v. HollingsworthIdaho Supreme Court · 1898
  2. Hunter v. PorterIdaho Supreme Court · 1904
  3. Burke Land & Livestock Co. v. Wells, Fargo & Co.Idaho Supreme Court · 1900
  4. Wing v. Amalgamated Sugar Co.Idaho Court of Appeals · 1984
  5. Jaeckel v. PeaseIdaho Supreme Court · 1898

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