Zimmerman v. Bradford-Kennedy Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for the County of Bonner. Hon. W. W. Woods, Judge. Action by the plaintiff against the defendant for debt. Judgment by default in favor of the plaintiff and defendant appealed to the district court, where judgment was again entered against the defendant, from which defendant appealed. When summons is irregular or defective, the remedy, if any, is by application to the trial court, to quash or set it aside.
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APPEAL from the District Court of the First Judicial District for the County of Bonner. Hon. W. W. Woods, Judge. Action by the plaintiff against the defendant for debt. Judgment by default in favor of the plaintiff and defendant appealed to the district court, where judgment was again entered against the defendant, from which defendant appealed. When summons is irregular or defective, the remedy, if any, is by application to the trial court, to quash or set it aside. (Parker v. Wardner, 2 Ida. 285, 13 Pac. 172.) See. 2653, Rev. Stat., is applicable to justices’ courts. (Webster v. Oregon…
1Opinion of the CourtAILgHIE, C. J.
This action was commenced in the probate court of Bonner county by filing the complaint therein *683on June 7, 1907. On the same day the summons was issued and signed, "O. J. Bandelin, Probate Judge, By Eobt. S. Mc-Crea, Clerk.” The summons ivas made returnable June 12, at 4 o'clock P. M., and was returned on that date and filed with the clerk. Annexed to the summons was an affidavit of service on the defendant, which affidavit showed that the affiant was constable of Sandpoint preeinet in Bonner county, and that the defendant, the Bradford-Kennedy Company, is and was a foreign corporation doing…
2Cases cited5 opinions
- Diaz v. Eighth Judicial District Court of NevadaNevada Supreme Court · 2000
- Southern Pacific Railroad v. Superior CourtCalifornia Supreme Court · 1881
- Myrick v. Superior CourtCalifornia Supreme Court · 1885
- Martin v. District Court of the First DistrictNevada Supreme Court · 1878
- Parke v. WardnerIdaho Supreme Court · 1887
3Cited by13 opinions
- In re Disbarment of HenryIdaho Supreme Court · 1909
- Tarr v. Western Loan & Savings Co.Idaho Supreme Court · 1909
- Smith v. ClyneIdaho Supreme Court · 1909
- Smith v. PetersonIdaho Supreme Court · 1917
- State v. PowaukeeIdaho Supreme Court · 1956
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