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· 6/5/1997

Trimble v. Engelking

Citations

  • 939 P.2d 1379
  • 130 Idaho 300
  • 1997 Ida. LEXIS 68

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • addressing an argument that an action against a decedent is a nullity because dead persons are not legal entities capable of being sued
  • treating legal-nullity rule as remnant of antiquated strict-pleading requirements and refusing to adopt it
  • “We thus decline to adopt the nullity rule in Idaho and hold that, where a party has been named improperly, amendment and relation back should be allowed where the requirements of I.R.C.P. 15(c) are met.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Trout, Johnson, McDevitt, Silak, Schroeder

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.