Nelson v. McGoldrick Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action to recover for labor performed and services rendered in cutting and hauling certain cedar poles. Default for failure to answer was entered and from a judgment in favor of plaintiff and an order denying a motion to vacate the default, defendant appeals. Statutes relating to the vacating of default judgments should receive a most liberal construction.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action to recover for labor performed and services rendered in cutting and hauling certain cedar poles. Default for failure to answer was entered and from a judgment in favor of plaintiff and an order denying a motion to vacate the default, defendant appeals. Statutes relating to the vacating of default judgments should receive a most liberal construction. (6 Ehey. PI. & Pr., 154; Walsh v. Boyle, 94 Minn. 437,103 N. W. 506; Lemon v. Hubbard, 10 Cal. App. 471, 102 Pac. 554; Hull v.…
1Opinion of the CourtMorgan, J.
This action was commenced on September 10, 1915. On October 7th, appellant filed a demurrer to the complaint, which was overruled on November 1st, and appellant was given twenty days in which to answer. By stipulation the time was extended to and including November 27th, and on December 2d, no answer having been filed, the default of appellant was entered. On December 15th, no other or further appearance having been made, respondent offered proof in support of the allegations of his complaint and was awarded judgment in the sum of $523.43 and costs.
On January 19, 1916, appellant caused to be…
2Cases cited2 opinions
- Domer v. StoneIdaho Supreme Court · 1915
- Wilds v. BrownIdaho Supreme Court · 1915
3Cited by5 opinions
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- Fisher v. Crest Corp.Idaho Court of Appeals · 1987
- Fisher v. Crest Corp.Idaho Court of Appeals · 1987