Kerney v. Hatfield
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Minidoka County. Hon. Wm. A. Babcock, Judge. Order overruling a motion to vacate a default and set aside a judgment. “There can be no judgment by default where there is on file an answer or other pleading of the defendant raising an issue of law or fact.” (Crossan v. Cooper, 41 Okl. 281, 137 Pae.'354; Freeborn v. Cheweldh Copper King Min.
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APPEAL from the District Court of the Fourth Judicial District, for Minidoka County. Hon. Wm. A. Babcock, Judge. Order overruling a motion to vacate a default and set aside a judgment. “There can be no judgment by default where there is on file an answer or other pleading of the defendant raising an issue of law or fact.” (Crossan v. Cooper, 41 Okl. 281, 137 Pae.'354; Freeborn v. Cheweldh Copper King Min. Co., 89 Wash. 519,154 Pae. 1095.) A default for failure to plead cannot be entered where the pleading, though out of time, is on file at the time the default is sought to be entered.…
1Opinion of the CourtMorgan, J.
On July 18, 1914, the above-named respondents filed their complaint in the district court whereby they sought to recover from Edith S. Hatfield, as administratrix of the estate of William J. Hatfield, deceased, the sum of $3,370.84, together with interest thereon, for labor performed and services rendered for deceased during his lifetime and at his instance and request, between March 15,1911, and June 14, 1913. On July 23, 1914, appellant filed a demurrer to the complaint and the record fails to disclose what action if any, was taken upon it. However, the record in a companion case, wherein…
2Cases cited11 opinions
- Tregambo v. Comanche Mill & Mining Co.California Supreme Court · 1881
- Reher v. ReedCalifornia Supreme Court · 1913
- Lunnun v. MorrisCalifornia Court of Appeal · 1908
- United States v. AlexanderIdaho Supreme Court · 1888
- Bertagnolli Bros. v. BertagnolliWyoming Supreme Court · 1915
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3Cited by7 opinions
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- Turbeville v. McCarrellArizona Supreme Court · 1934
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