Idaho Supreme Court

Troy Thiel, a Married Man Dealing With His Sole and Separate Property; and Nancy Basler, a Married Woman Dealing…

July 20, 1990118 Idaho 86

Summary

The Idaho Supreme Court held that service of process on Don Stradley was not proper because no return of service showed personal service, service at his dwelling, or service on an authorized agent; consequently the default judgment against him was void and the district court’s denial of his motion to set aside the judgment was vacated and the matter remanded for further proceedings.

Holding

  • Whether service of process on Don Stradley complied with Idaho Rule 4(d)(2) and thus rendered the default judgment valid. Service on Don Stradley was not proper; the default judgment is void and the district court erred in denying the motion to set aside it

Docket 18126

Cited authorities

  • Rule 60(b)(4) of the Idaho Rules of Civil Procedure
  • Rule 60(b)
  • Rule 60(b)(4)
  • Rule 4(d)(2)

Cited by