Holland Bank v. Lieuallen
Idaho Supreme Court
APPEAL from District Court, Latah County. The best rule seems to be that the trial court should always exercise its discretion in favor of setting aside a default when the application is made in good faith and any reasonable showing is made. (Dougherty v. Nevada. Bank, 68 Cal. 276, 9 Pac. 112; 5 Am. & Eng. Ency. of Law, 496, 58 et seq.; Buell v. Bmerich, 35 Cal. 116; Anaconda Min. Go. v. Baile, 16 Mont. 8, 50 Am.
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APPEAL from District Court, Latah County. The best rule seems to be that the trial court should always exercise its discretion in favor of setting aside a default when the application is made in good faith and any reasonable showing is made. (Dougherty v. Nevada. Bank, 68 Cal. 276, 9 Pac. 112; 5 Am. & Eng. Ency. of Law, 496, 58 et seq.; Buell v. Bmerich, 35 Cal. 116; Anaconda Min. Go. v. Baile, 16 Mont. 8, 50 Am. St. Rep. 472, 39 Pac. 909.) It is true that the matter rests within the sound discretion of the trial court, but this is not an arbitrary or biased discretion, and in case the trial…
1Opinion of the CourtQuarles, J.
— Plaintiff brought its suit to foreclose a mort- ’ gage. Summons was duly issued and served. After the time for answering had expired, the default of the defendants was entered, and judgment of foreclosure entered in conformity to the prayer of the complaint. After the expiration of the term of court at which the judgment was rendered, the defendants applied to the court for an order setting aside the default and judgment. In support of the application, the affidavit of the defendant, A. A. Lieuallen was filed to the effect that, after the ■service of summons, he saw one of the attorneys for…
2Cited by18 opinions
- Avondale on Hayden, Inc. v. HallIdaho Court of Appeals · 1983
- Hall v. WhittierIdaho Supreme Court · 1911
- Holzeman v. HenneberryIdaho Supreme Court · 1905
- Council Improvement Co. v. DraperIdaho Supreme Court · 1909
- Culver v. Mountain Home Electric Co.Idaho Supreme Court · 1910
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