Stearns v. Norton

TAYLOR, Justice.

This action was brought by a foreign administrator to recover on a foreign judgment.1 On the first trial at the close of plaintiffs’ case, a judgment of dismissal “without prejudice” was entered. This court held that judgment to be a nullity and remanded the cause “for further appropriate action.” Stearns v. Strom, 68 Idaho 392, 195 P.2d 337. When the case *437again came before the district court, that court granted a motion by the plaintiffs to substitute the administrator appointed by the Probate Court of Boundary County, Idaho, as plaintiff instead of the administrator…