Idaho Supreme Court, 1921

Bitner v. McIntosh

Bitner v. McIntosh
Idaho Supreme Court · Decided June 27, 1921 · Budge, Dunn, Lee, McCarthy, Rice
34 Idaho 62; 198 P. 317

Bitner v. McIntosh

Opinion of the Court

MCCARTHY J.

On the facts shown in the record the order of the district court denying appellant’s motion to vacate the judgment was an abuse of judicial discretion. Accordingly that order is reversed and the cause remanded, with instructions to vacate the judgment and for such further proceedings as may be appropriate. Costs awarded to appellant.

Rice, C. J., and Budge, Dunn and Lee, JJ., concur.

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