Lowe v. Turner
Idaho Supreme Court
Appeal from tbe second judicial district, Boise county. Action for tbe foreclosure of a mechanic's lien, praying for a decree of sale of tbe premises to satisfy tbe demand, tbe incumbered premises being tbe “Warm Springs,” situate near Idaho City in Boise county. Sims, one of tbe defendants, appeared and demurred to tbe complaint under tbe sixth subdivison of section 40 of tbe practice act. This demurrer tbe court sustained.
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Appeal from tbe second judicial district, Boise county. Action for tbe foreclosure of a mechanic's lien, praying for a decree of sale of tbe premises to satisfy tbe demand, tbe incumbered premises being tbe “Warm Springs,” situate near Idaho City in Boise county. Sims, one of tbe defendants, appeared and demurred to tbe complaint under tbe sixth subdivison of section 40 of tbe practice act. This demurrer tbe court sustained. Afterwards judgment by default was allowed against Bobert Turner, who did not appear in tbe action in tbe court below. This judgment was for tbe sum of seven hundred and…
1Opinion of the Court
Cummins, J.,
delivered tbe opinion of tbe court,
2ConcurrenceMcBeide, C. J.
This suit was commenced for tbe foreclosure of a me-*109chanie’s lien on certain property described in the complaint as the “Warm Springs property,” including one hundred and sixty acres of land, with several buildings thereon. One of" the defendants, Sims, appeared in the court below and demurred to the complaint on the ground that “it did not contain facts sufficient to constitute a cause of action.” This demurrer the court very properly sustained. There was, however, no judgment rendered in favor of Sims for his costs, or dismissing him from the…
3Cases cited1 opinion
- P. A. Lamping & Co. v. HyattCalifornia Supreme Court · 1864
4Cited by9 opinions
- Rose v. Richmond Mining Co.Nevada Supreme Court · 1882
- Angel v. MellenIdaho Supreme Court · 1930
- State v. PerryIdaho Supreme Court · 1894
- State v. PrestonIdaho Supreme Court · 1894
- Washington County Land & Development Co. v. Weiser National BankIdaho Supreme Court · 1915
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