Holzeman v. Henneberry

Citations

• 11 Idaho 428
• 83 P. 497
• 1905 Ida. LEXIS 74

Syllabus

<p>Affidavit to Set Aside Default Judgment — Showing of Merits— Mistake, Inadvertence, Surprise or Excusable Neglect — Discretion of Court.</p> <p>1. Affidavits on motion to set aside a default judgment, under the provisions of section 4229 of the Revised Statutes, must show that the default occurred through mistake, inadvertence, surprise or .excusable neglect, and that the defendant has a meritorious defense to the action.</p> <p>2. An application to set aside and vacate a default judgment is addressed to the sound legal discretion of the court to which the application is made, and unless it appears that such discretion has been abused, the order will not be disturbed on appeal.</p> <p>3. This discretion must be directed and exereised within the well-established rules of law, and when the essential elements necessary to set it in aetion are wanting, its improper exercise will be corrected on appeal.</p> <p>4. Showing made in this case reviewed and held insufficient to authorize the setting aside a default judgment.</p> <p>(Syllabus by the court.)</p>