Brooks v. Orchard Land Co.
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. Motion to set aside a default judgment and to permit defendant to answer. Motion denied. Whenever the statute provides for “personal service” of process, or that process shall be personally served, there is a general agreement of the courts that such service must be actual and personal upon the party served.
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APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. Motion to set aside a default judgment and to permit defendant to answer. Motion denied. Whenever the statute provides for “personal service” of process, or that process shall be personally served, there is a general agreement of the courts that such service must be actual and personal upon the party served. (Moyer v. Cook, 12 Wis. 335; Bank v. Holmes, 12 N. D. 38, 94 N. W. 764.) Other modes of service may be given the force of such service by legislative enactment, but the use of the…
1Opinion of the Court
SULLIVAN,-J.
This is an appeal from an order denying a motion to vacate and set aside a judgment entered on default. The plaintiff commenced this action on the 24th of September, 1909, to quiet title to a certain tract of land aggregating 4,630 acres, situated in Ada county. It is alleged that the lands were duly assessed to the defendant, the Orchard Land Company, Ltd., for the year 1903, for state, county and school district purposes, and that the taxes amounted to $193.80; that said taxes were not paid and said land was thereafter sold by the tax collector to Ada county and a tax…
2Cases cited10 opinions
- Hobby v. BunchSupreme Court of Georgia · 1889
- Humphreys v. Idaho Gold Mines Development Co.Idaho Supreme Court · 1912
- Dunkle v. ElstonIndiana Supreme Court · 1880
- Fernandez v. PerezSupreme Court of the United States · 1911
- Conway v. CampbellMissouri Court of Appeals · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Boise Flying Service, Inc. v. General Motors Acceptance Corp.Idaho Supreme Court · 1934
- Richards v. RichardsIdaho Supreme Court · 1913
- Rothrock v. BaumanMontana Supreme Court · 1925
- Meikle v. Wenatchee North Central Fruit DistributorsWashington Supreme Court · 1923
- Kaufman v. HughesOhio Court of Appeals · 1937
2 more not listed; retrieve them via the Exa API.