Snake River Valley Irrigation District v. Stevens

Citations

• 18 Idaho 541
• 110 P. 1033
• 1910 Ida. LEXIS 57

Syllabus

<p>Tort — Poem or Summons — Jurisdiction of Court.</p> <p>(Syllabus by tbe court.)-</p> <p>1. An action by a land owner within an irrigation district against the district for damages on account of failure to supply water to which he was entitled is an action in tort and not on contract.</p> <p>2. Where the notice contained in a summons is given under the provisions of subd. 4, see. 4140, instead of under the provisions of subd. 5 of that section, and notifies the defendant that if it fails to appear the plaintiff “will take judgment for the sum demanded in the complaint,” naming it, instead of notifying the defendant that the “plaintiff will apply to the court for the relief demanded m the complaint,” and the plaintiff applies to the court for the relief demanded instead of taking a default judgment by the clerk, the error or mistake is not fatal to the jurisdiction of the court.</p>