55 P. 864 | Idaho | 1898
Lead Opinion
— The plaintiff, as receiver of C. Bunting & Co., bankers, brings this action against the defendant, E. A. Pyke, receiver of C. Bunting & Co., merchants, and the Ogden •Savings Bank intervenes. All of these parties are corporations organized under the laws of Utah, the first two doing business in Idaho, and having their principal place of business in Blackfoot, in the county of Bingham, in the state of Idaho, and the last doing business in Ogden, Utah. Some time in the month of February, 1897, in a suit or suits pending in the district court for Bingham county against said banking and mer
It is objected by the intervener (respondent) that the said order of the district court, vacating the judgment and reinstating intervener’s complaint and answer, is not appealable. The order vacating the judgment was an order granting a new trial to all intents and purposes, and as such was, we think, ap-pealable. The only question before us which we deem it necessary to pass upon at this time was the action of the district court in granting the motion to vacate the judgment and reinstate the complaint and answer of intervener. We find no error in this action of the court. It was a matter of discretion with the court, and, under the showing made in the record, we think that there was no abuse of discretion. The order appealed from is affirmed, and the cause remanded to the district court for further proceedings in accordance with law.
Concurrence Opinion
— I concur in the conclusion reached. I think, however, that, as the cause'must-go back to the district court