Vermont Loan & Trust Co. v. McGregor

Citations

• 5 Idaho 320
• 51 P. 102
• 1897 Ida. LEXIS 41

Syllabus

<p>Pobeign Corporation — On Whom Legal Process may be Served.— Wlien a foreign corporation has no resident attorney on whom a notice of appeal may be served, such notice may be served on the resident agent of such corporation on whom process may be legally served.</p> <p>■Civil Procedure — Service of Amended Complaint. — Where complaint is amended by asking reformation of certificate of acknowledgment, the service of the amended complaint is not required to be made on defendants, who are in default for want of an answer, and who are not parties to the mortgage.</p> <p>Same. — Section 4176 provides for the service of amended complaint on all “the defendants affected thereby,” and none other.</p> <p>PORECLOSURE OP MORTGAGE-WHEN OOMPLAINT IS SUFFICIENT.-A complaint containing all necessary averments for foreclosure of mortgage and for reformation of certificate of acknowledgment to such mortgage states but one cause of action.</p> <p>Jurisdiction — Presumption as to Record. — On this appeal the regularity of proceedings and jurisdiction of court below must be presumed, as the record affirmatively shows those facts.</p> <p>(Syllabus by the court.)</p>