Leman v. Cunningham
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. George H. Stewart, Judge. Appellant sought in the lower court to recover on a foreign judgment. Judgment for the defendant. The only question involved is whether section 4051 of the Revised Statutes prevents a recovery in this cause. If it is considered that the revivor of the judgment made by the Nebraska court in 1905 is in effect a judgment, then appellant must prevail.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. George H. Stewart, Judge. Appellant sought in the lower court to recover on a foreign judgment. Judgment for the defendant. The only question involved is whether section 4051 of the Revised Statutes prevents a recovery in this cause. If it is considered that the revivor of the judgment made by the Nebraska court in 1905 is in effect a judgment, then appellant must prevail. All statutes in reference to the revivor of judgments supply a method of procedure in lieu of the writ of scire facias, and this is notably…
1Opinion of the CourtStockslager, C. J.
Appellant, as receiver for J. M. Wanzer & Co., commenced his action in the district court of Ada county against respondent as defendant. It is shown by the complaint that a judgment was rendered against respondent and others and in favor of Wanzer & Company on the twenty-second day of April, 1895, in the district court of Lancaster county, Nebraska, for the sum of $1,782.78, no part of which was paid, and that a judgment of revivor was given in said court en October 10, 1905, personal service of the conditional order of revivor having been made upon defendant Cunningham, he appearing by…
2Cases cited11 opinions
- Bankers Life Insurance v. RobbinsNebraska Supreme Court · 1899
- American Varnish Co. v. ReedIndiana Supreme Court · 1899
- Eaton v. HastyNebraska Supreme Court · 1877
- Brier v. Traders' National BankWashington Supreme Court · 1901
- In re Application of the Bank of CommerceIndiana Supreme Court · 1899
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3Cited by3 opinions
- G & R PETROLEUM, INC. v. ClementsIdaho Supreme Court · 1995
- Thomas v. LallyCalifornia Court of Appeal · 1915
- Gertztowt v. HumphreyIdaho Supreme Court · 1933