Bitner v. McIntosh

Idaho Supreme Court

Bitner v. McIntosh

198 P. 317, 34 Idaho 62

Idaho Supreme Court·Decided June 27, 1921·Published

Opinion

MCCARTHY J.

On the facts shown in the record the order of the district court denying appellant’s motion to vacate the judgment was an abuse of judicial discretion. Accordingly that order is reversed and the cause remanded, with instructions to vacate the judgment and for such further proceedings as may be appropriate. Costs awarded to appellant.

Rice, C. J., and Budge, Dunn and Lee, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

MCCARTHY J.

On the facts shown in the record the order of the district court denying appellant’s motion to vacate the judgment was an abuse of judicial discretion. Accordingly that order is reversed and the cause remanded, with instructions to vacate the judgment and for such further proceedings as may be appropriate. Costs awarded to appellant.

Rice, C. J., and Budge, Dunn and Lee, JJ., concur.

Bitner v. McIntosh, 198 P. 317, 34 Idaho 62 (Idaho 1921).

Pincite

198 P. 317 (Bitner v. McIntosh) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.