Kissler v. Moss
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial ■ District for Power County. Hon. Alfred Budge, Judge. Action to have defendant K. declared a trustee of the plaintiff and for judgment against defendant Moss for a certain sum of money. Demurrer on the part of M. sustained and judgment of dismissal entered as to him. It is not necessary to show any reason for commencing the second suit, other than that the first judgment has not been paid.
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APPEAL from the District Court of the Fifth Judicial ■ District for Power County. Hon. Alfred Budge, Judge. Action to have defendant K. declared a trustee of the plaintiff and for judgment against defendant Moss for a certain sum of money. Demurrer on the part of M. sustained and judgment of dismissal entered as to him. It is not necessary to show any reason for commencing the second suit, other than that the first judgment has not been paid. (Ames v. Hoy, 12 Cal. 11; Stuart v. Lander, 16 Cal. 372, 76 Am. Dee. 538; Rowe v. Blake, 99 Cal. 167, 37 Am. St. 45, 33 Pae. 864.) The complaint states…
1Opinion of the CourtSullivan, C. J.
This is an appeal from a judgment entered on sustaining a demurrer to the complaint.
In limine, we are met with a motion to dismiss the appeal on the ground that the notice of appeal was not served on the defendant Conrad Kissler. The action was brought against *518J. H; Moss and Conrad Kissler for the purpose of having a judgment which had been entered in favor of Conrad Kissler and against said Moss transferred or decreed to belong to the plaintiff.
The demurrer was sustained on two grounds, to wit: (1) That there was a misjoinder of parties defendant; and (2) that the complaint does not state…
2Cited by4 opinions
- Roosma v. MootsIdaho Supreme Court · 1941
- State Bank v. WatsonIdaho Supreme Court · 1915
- Gordon v. United StatesDistrict Court, D. Idaho · 1929
- Mahon v. City of PocatelloIdaho Supreme Court · 1954