Pease v. County of Kootenai

Citations

• 7 Idaho 731
• 65 P. 432
• 1901 Ida. LEXIS 30

Syllabus

<p>Affidavit of Merits — Default Judgment — Insufficient Complaint — Discretion of Court. — An affidavit of merits is not indispensable under our statute to warrant the trial court in setting aside a default judgment entered by the clerk, where it is apparent that the complaint does not state a cause of action. This court will not disturb the action of the trial court in the exercise of its discretion, unless it is apparent there has been an abuse of such discretion.</p> <p>(Syllabus by the court.)</p>