Brainard v. Coeur D'Alene Antimony Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Albert A. Feather-stone, Judge. Action on promissory notes. Appeal from default judgment and order denying motion to set it aside. Where a genuine mistake arises or exists between attorneys as to the extent, character or nature of their employment or retainer, it constitutes mistake, inadvertence, surprise and excusable neglect.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Albert A. Feather-stone, Judge. Action on promissory notes. Appeal from default judgment and order denying motion to set it aside. Where a genuine mistake arises or exists between attorneys as to the extent, character or nature of their employment or retainer, it constitutes mistake, inadvertence, surprise and excusable neglect. (Barto v. Sioux City Electric Go., 119 Iowa, 179, 93 N. W. 268; Buena Vista v. Iowa Falls etc. Ry. Co., 49 Iowa, 657, 658; Seawell ,(Chatham Lumber Co.) v. Parsons Lumber Co., 172…
1Opinion of the CourtMcCARTIIY, J.
This is an appeal from a default judgment and order denying a motion to vacate it. The affidavits submitted in support of the motion, which were not contradicted, show that appellant Jolley, president of the defendant mining company, upon being served with the summons and complaint, consulted with one Reinking, then practicing law at Wallace, Idaho, relative to the defense of the case. Reinking advised said appellant that he was going to Boise, Idaho, to practice, and would be unable to give the case attention, and that it would be wise for appellants to employ counsel in Spokane, and also R.…
2Cases cited13 opinions
- Laird v. . CartonNew York Court of Appeals · 1909
- Boise Irrigation & Land Co. v. StewartIdaho Supreme Court · 1904
- Waddill v. . MastenSupreme Court of North Carolina · 1916
- Judkins v. TaffeOregon Supreme Court · 1891
- Bellevue State Bank v. LilyaIdaho Supreme Court · 1922
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