Legal Opinion · Dissent

Civils v. First National Bank

Idaho Supreme Court

Decided November 30, 1925Published

1Dissent

TAYLOR, J.,

Concurring in Part and Dissenting in Part. — I concur in the main opinion except in the holding, directly or by inference, that, after default of a husband, the wife may later defend .a right of the husband lost by such default, in the absence .of a showing that the husband neglected to defend, and that the husband can inherit from his wife the right to attack his own default judgment through such inheritance, without even a showing of negligence. So to hold is to reason in a circle.

I think a defense by the wile of the right of the husband, under the statute, on “neglect” of the…

2Cases cited1 opinion

  1. Shoemaker v. CollinsMichigan Supreme Court · 1883

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