Valley State Bank, Ltd. v. Post Falls Land & Water Co.
Idaho Supreme Court
APPEAL from the District Court of tbe Eighth Judicial District for Kootenai County. Hon. Robt. M. Dunn, Judge. Action to recover on a promissory note and default judgment entered, and on motion of defendant the court made an order setting aside the default.
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APPEAL from the District Court of tbe Eighth Judicial District for Kootenai County. Hon. Robt. M. Dunn, Judge. Action to recover on a promissory note and default judgment entered, and on motion of defendant the court made an order setting aside the default. While an order of the district court setting aside or refusing to set aside a judgment by default rests much in the discretion of the court, this discretion is not a mental discretion, to be exercised ex graMa, but is a legal discretion to be exercised in conformity with law. (Bailey v. Taafe, 29 Cal. 423; Holzeman v. Henneberry, 11 Ida.…
1Dissent
BUDGE, J.,
Dissenting. — I am unable to concur in the conclusions reached by the majority of the court, and dissent therefrom. As I gather the facts in this ease from the record, the Post Falls Land and Water Company, Limited, on June 22, 1914, made, executed and delivered its promissory note to respondent Thomas J. Coffman for $500, payable on or before October 1, 1915, with interest. Thereafter and before maturity Coffman indorsed said note to the Valley State Bank, Limited, without recourse. On October 1, 1915, the note was presented to the Post Falls Land and Water Company, Limited, and…
2Cases cited20 opinions
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- Hall v. WhittierIdaho Supreme Court · 1911
- Holzeman v. HenneberryIdaho Supreme Court · 1905
- Buell v. EmerichCalifornia Supreme Court · 1890
- Pittock v. BuckIdaho Supreme Court · 1908
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