· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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