Holland Bank v. Lieuallen

Citations

• 6 Idaho 127
• 53 P. 398
• 1898 Ida. LEXIS 37

Syllabus

<p>Setting Aside Default — What Must be Shown — Discretion of Trial Court. — The discretion, of the trial court in refusing to set aside a default judgment will not be disturbed unless it is shown that such discretion has been abused. An application by the defendant to set aside a default judgment after the term at which such judgment was rendered must be supported by evidence showing mistake, inadvertence, surprise or excusable neglect on his part, and accompanied by an affidavit of merits showing facts which constitute a defense to the plaintiff's action.</p> <p>(Syllabus by the court.)</p>