Howe v. Independence Consolidated Gold & Silver Mining Co.
Cases that cite this one
8 later published cases cite this decision.
- Successors of L. Villamil & Co. v. Merced (Supreme Court of Puerto Rico 1917)
- Sucesores de L. Villamil & Co. v. Merced (Supreme Court of Puerto Rico 1917)
- Mally v. Roberts (Iowa 1914)
- Valley State Bank, Ltd. v. Post Falls Land & Water Co. (Idaho 1916)
- Kinkead v. Moriarty (S.D. 1912)
- Masten v. Indiana Car & Foundry Co. (Ind. Ct. App. 1900)
- Thomas v. Morris (Utah 1892)
- Enright v. Grant (Utah 1887)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Orders of the Court below upon applications made under the sixty-eighth section -of the Practice Act will not be disturbed by this Court except in cases of gross abuse, where the power of the Court has been exercised in a manner which is calculated to defeat rather than advance the ends of justice, which', in our judgment, has not been done in the present case.
The order, however, is erroneous in not imposing the payment of - previous costs as a condition of setting aside the judgment. • In such cases the payment of costs is expressly required by the statute, and the order must be modified accord
Ordered accordingly and the cause remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.