Chase v. Hagood

Citations

• 3 Idaho 682
• 34 P. 811
• 3 Hasb. 682
• 1893 Ida. LEXIS 27

Syllabus

<p>(Practice — Appeal from Justice’s and Probate Courts — Waiver of. Objection — Trial de Novo. — While it appears to be the accepted rule that a party who has objected to the sufficiency of process, by .answering over, waives such objection, this rule does not apply to appeals from justice’s or probate courts to district court under our statutes, which on such appeals give either party the benefit of all legal objections and'exceptions in the court below, and the trial in the district court is de novo.</p> <p>(Syllabus by the court.)</p>