Vollmer Clearwater Co. v. Grunewald
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. E. C. Steele, Judge. An application to open a default. Judgment for applicant. A default to be set aside must be entered without fault on the part of the defendant or his attorney. (23 Cyc. 939; Savage v. Dinkier, 12 Old. 463, 72 Pac. 366; United States v. Rio Grande etc.
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APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. E. C. Steele, Judge. An application to open a default. Judgment for applicant. A default to be set aside must be entered without fault on the part of the defendant or his attorney. (23 Cyc. 939; Savage v. Dinkier, 12 Old. 463, 72 Pac. 366; United States v. Rio Grande etc. Go., 13 N. M. 386, 85 Pac. 393; Smith v. Trunstead, 56 Cal. 175; 6 Eney. of PI. & Pr. 166; Wagoner National Bank v. Welch, 7 Ind. Ter. 259, 104 S. W. 610; Fred Andries & Go. v. Schlueter, 140 Iowa, 389, 118 N. W. 429.) On the question of…
1Opinion of the CourtStewabt, C. J.
This is an appeal from an order of the district court in and for Idaho county, made on the 29th of February, 1912, opening a default and setting aside a judgment- and permitting the defendant to file an answer. It appears from the record that a complaint was filed in the district court by the appellant against the respondent on October 28, 1911; that summons was issued on that date and returned on November 2, 1911; that personal service was made upon the respondent on November 2, 1911, in the county of Idaho; on November 24, 1911, the clerk of the district court entered a default against the…
Also in this document: Concurrence.
2Cases cited2 opinions
- Hall v. WhittierIdaho Supreme Court · 1911
- Harr v. KightIdaho Supreme Court · 1910
3Cited by4 opinions
- Thomas v. StevensIdaho Supreme Court · 1956
- Domer v. StoneIdaho Supreme Court · 1915
- Nuestel v. Spokane International Railway Co.Idaho Supreme Court · 1915
- Voellmeck v. Northwestern Mutual Life InsuranceIdaho Supreme Court · 1939