Robinson v. Earl Fruit Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action for debt. Order setting aside default and judgment. Defendant’s motion to strike complaint and motion to dismiss did not stay the running of time in which to file and serve answer to amended complaint. (C. S., secs. 6672, 6691, 6832, 7202; Ham v. Amazon Fire Ins. Go.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action for debt. Order setting aside default and judgment. Defendant’s motion to strike complaint and motion to dismiss did not stay the running of time in which to file and serve answer to amended complaint. (C. S., secs. 6672, 6691, 6832, 7202; Ham v. Amazon Fire Ins. Go. (Okl.), 167 Pac. 473; Greenfield v. Wallace, 1 Utah, 188, 190; note, 47 L. R. A., N. S., 854; Esden v. May, 36 Nev. 611, 135 Pac. 1185; Shinn v. Cummins, 65 Cal. 97, 3 Pac. 133; McDonald v. Swett, 76 Cal. 259,…
1Opinion of the CourtMccarthy, J.
On May 21, 1918, appellant commenced action in the district court for Twin Falls county against respondent. June 10, 1918, respondent’s demurrer to the complaint was confessed by appellant, who was given ten days to file an amended complaint. Nothing further was done until May 15, 1920, when a new attorney for appellant was substituted, and the court, by an ex parte order, permitted the filing of an amended complaint. This was served by mail on respondent’s attorney, who refused to admit service. May 19, 1920, respondent filed a motion to strike the amended complaint on the ground that it was…
2Cases cited1 opinion
- Central Deep Creek Orchard Co. v. C. C. Taft Co.Idaho Supreme Court · 1921
3Cited by4 opinions
- Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
- In re SmithIdaho Supreme Court · 1924
- Burrows v. Farmers Alliance InsuranceSupreme Court of Kansas · 1922
- Kivett v. CrouchIdaho Supreme Court · 1940