Domer v. Stone
Idaho Supreme Court
APPEAL from the District Court of tbe Second Judicial District for the County of Idaho. Hon, Edgar C. Steele, Judge. Order vacating default and setting aside judgment. No appearance will stop the running of the' time or the entry of a default except an answer; of course this answer may be an answer upon the merits or it may be a demurrer, which is an answer at law. But an answer in one of these ways must be made within the time provided.
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APPEAL from the District Court of tbe Second Judicial District for the County of Idaho. Hon, Edgar C. Steele, Judge. Order vacating default and setting aside judgment. No appearance will stop the running of the' time or the entry of a default except an answer; of course this answer may be an answer upon the merits or it may be a demurrer, which is an answer at law. But an answer in one of these ways must be made within the time provided. (Morbeck v. Bradford-Eennedy Go., 19 Ida. 83, 113 Pac. 89; Naderhojf v. Geo. Benz & Sons, 25 N. D. 165, 141 N. W. 501, 47 L. R. A. N. S., 853; Donlan v.…
1Opinion of the CourtMorgan, J.
— On February 25, 1914, the appellant filed in the district court of the second judicial district in and for Idaho county his complaint against the respondents in a suit to quiet title to 160 acres of land situated in said county. Summons was thereupon duly issued and, upon proper showing, it was ordered that personal service of the summons be made upon the respondents outside the state of Idaho in lieu of publication thereof. It appears from the record that personal service of said summons was made upon the respondents in the city of Spokane, Washington, on the 30th day of March, 1914. On…
2Cases cited8 opinions
- State ex rel. Mills v. American Surety Co.Idaho Supreme Court · 1914
- Hall v. WhittierIdaho Supreme Court · 1911
- Holzeman v. HenneberryIdaho Supreme Court · 1905
- Morbeck v. Bradford-Kennedy Co.Idaho Supreme Court · 1910
- Harr v. KightIdaho Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Thomas v. StevensIdaho Supreme Court · 1956
- Kingsbury v. BrownIdaho Supreme Court · 1939
- Cleek v. Virginia Gold Mining & Milling Co.Idaho Supreme Court · 1942
- Valley State Bank, Ltd. v. Post Falls Land & Water Co.Idaho Supreme Court · 1916
- Day v. BurnettIdaho Supreme Court · 1924
7 more not listed; retrieve them via the Exa API.