Harr v. Kight
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. An application to open and set aside a default. Application denied. Defendant appeals.
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APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. An application to open and set aside a default. Application denied. Defendant appeals. The default is filed April 6, 1909, but it is conceded that there was no entry of this default in the clerk’s record at the time the demurrer was filed on April 15, 1909. Anyway, the misdirection of the letter containing the money sent by client to attorney was the cause of any further affirmative action not being taken for client, except the filing of the demurrer. The Smith family is so…
1Opinion of the CourtStewart, J.
An action was commenced by the respondent against the appellants in the district court of Nez Perce county to obtain a perpetual injunction restraining the appellants from interfering with a certain water right claimed by respondent and certain water-pipes and reservoir, and for damages. The complaint was filed with the clerk on February 15, 1909. Summons was issued and served personally upon the defendants in Nez Perce county on February 16, 1909. Upon April 6, 1909, the default of the defendants for want of an answer was entered by the clerk. On April 15, 1909, a general demurrer was filed…
2Cases cited3 opinions
- Holzeman v. HenneberryIdaho Supreme Court · 1905
- Culver v. Mountain Home Electric Co.Idaho Supreme Court · 1910
- Irvine v. DavyCalifornia Supreme Court · 1891
3Cited by13 opinions
- Hall v. WhittierIdaho Supreme Court · 1911
- Panhandle Lumber Co. v. RancourIdaho Supreme Court · 1913
- State Ex Rel. Sweeley v. BraunIdaho Supreme Court · 1941
- Thomas v. StevensIdaho Supreme Court · 1956
- Domer v. StoneIdaho Supreme Court · 1915
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