Parke v. Wardner

Citations

• 2 Idaho 285
• 13 P. 172
• 1887 Ida. LEXIS 8

Syllabus

<p>Defective Summons. — Where a summons is irregular or defective, the remedy, if any, is by application to the trial court, to quash or set aside.</p> <p>Wrongful Conversion — Damages—Judgment by Default. — In an action for the wrongful sale of personal property, and the wrongful conversion of the proceeds thereof, it is error for the clerk to enter a final judgment, as upon default, but the plaintiff in such case should go into court and prove his damages.</p> <p>(Syllabus by the court.)</p>