Legal Opinion · Dissent

State Ex Rel. Sweeley v. Braun

Idaho Supreme Court

Decided February 13, 1941No. 6831Published

1DissentAilshie, J.

(Dissenting) — I think the judgment of the trial court, vacating the default in this case and allowing the defendant to answer, should be affirmed. There was no abuse of discretion on the part of the trial judge...

The action was commenced to abate a liquor nuisance, under the provisions of chap. 222 of the 1939 Sess. Laws. It was alleged that defendant Catherine Braun was a nonresident of the state and was the owner of the building in which the nuisance was being maintained; and that the defendant Rogers was her lessee and that he was maintaining the nuisance with her knowledge and consent.…

2Cases cited14 opinions

  1. Cragin v. Henderson County Oil Development Co.Texas Commission of Appeals · 1926
  2. Hall v. WhittierIdaho Supreme Court · 1911
  3. Humphreys v. Idaho Gold Mines Development Co.Idaho Supreme Court · 1912
  4. Culver v. Mountain Home Electric Co.Idaho Supreme Court · 1910
  5. Brainard v. Coeur D'Alene Antimony Mining Co.Idaho Supreme Court · 1922

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