Bitner v. McIntosh

Idaho Supreme Court

Bitner v. McIntosh

198 P. 317, 34 Idaho 62

DecidedJune 27, 1921

StatusPublished

This text of 198 P. 317 (Bitner v. McIntosh) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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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.

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Bluebook (online)

198 P. 317, 34 Idaho 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bitner-v-mcintosh-idaho-1921.