Richards v. Richards
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edw. A. Walters, Judge. Action for divorce. Judgment for plaintiff. Defendant moved to vacate the judgment. Motion denied. Defendant appeals. This appeal in no way involves the question of the correctness of the refusal of a continuance on the showing then made.
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APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edw. A. Walters, Judge. Action for divorce. Judgment for plaintiff. Defendant moved to vacate the judgment. Motion denied. Defendant appeals. This appeal in no way involves the question of the correctness of the refusal of a continuance on the showing then made. It is devoted solely to the question whether the trial court erred in denying the motion to vacate and set aside the judgment on the ground of inadvertence and surprise on the showing made on the latter motion. It necessarily involves a careful…
1Opinion of the CourtAilshie, C. J.
This is an appeal from an order refusing to vacate and set aside a judgment. The action was for divorce. Plaintiff resides in Blaine county, Idaho, and defendant resides in Salt Lake City, Utah. Complaint was filed August 2, 1911. Summons was served and the defendant made general appearance by demurrer filed October 10th. Demurrer was thereafter overruled and answer and cross-complaint were filed November 13, 1911.
Defendant denied the material allegations of the complaint, and in a cross-complaint alleged her desertion by the plaintiff and prayed for a decree of divorce from plaintiff and for…
Also in this document: Concurrence.
2Cases cited30 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Rankin v. CaldwellIdaho Supreme Court · 1908
- Hall v. WhittierIdaho Supreme Court · 1911
- Holzeman v. HenneberryIdaho Supreme Court · 1905
- Humphreys v. Idaho Gold Mines Development Co.Idaho Supreme Court · 1912
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3Cited by9 opinions
- Lisher v. KrasseltIdaho Supreme Court · 1975
- Orange Transp. Co. v. TaylorIdaho Supreme Court · 1951
- Johnston v. PascoeIdaho Supreme Court · 1979
- State v. RaponiIdaho Supreme Court · 1919
- Savage v. StokesIdaho Supreme Court · 1934
4 more not listed; retrieve them via the Exa API.