(DOWNLOAD) "Byrd Golay v. George A. Loomis" by Supreme Court of Idaho No. 18303 " Book PDF Kindle ePub Free
eBook details
- Title: Byrd Golay v. George A. Loomis
- Author : Supreme Court of Idaho No. 18303
- Release Date : January 30, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This case is before us on a petition for review from the Court of Appeals. The Court of Appeals reversed a district court
appellate decision which had upheld a magistrate's decision granting plaintiff Golay's motion for summary judgment on the
ground that the motion had not been opposed by affidavit or other sworn statement as required by I.R.C.P. 56. We affirm the
district court's appellate decision and vacate the decision of the Court of Appeals. In so doing, we conclude that the magistrate
did not err in granting summary judgment under I.R.C.P. 56, and also did not err in exercising discretion in denying Loomis'
motion to set aside summary judgment pursuant to I.R.C.P. 60(b) because of alleged mistake and/or excusable neglect on the
part of Loomis. This is a construction contract case. George Loomis, a building contractor, hired Byrd Golay, a subcontractor, to assist
in a residential construction project. A dispute arose over compensation for extra work allegedly performed by Golay. Golay
filed a complaint for $2,111.25 in the magistrate's division of the district court. The complaint was signed only by Golay's
attorney. After the complaint and summons were served on the defendant, Loomis, acting pro se, sent a letter addressed to
the magistrate court entitled "Response to complaint filed by Byrd Golay." The Loomis letter, which was signed but not subscribed
and sworn, set forth alleged facts controverting most of Golay's allegations.[Footnote 1] Golay then filed a motion for summary
judgment supported by an "Affidavit of Amount Due." The affidavit, subscribed and sworn to before a notary public, contained
the following statement: