D. W. Standrod & Co. v. Utah Implement-Vehicle Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Eastern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit in equity by the Utah Implement-Vehicle Company against N. C. Mickelson, D. W. Standrod & Co., .a corporation, as trustee for the Idaho Lumber Company, and the George A. Lowe Company and others. Decree for complainant, and defendant trustee appeals.
Read the full summary
Appeal from the District Court of the United States for the Eastern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit in equity by the Utah Implement-Vehicle Company against N. C. Mickelson, D. W. Standrod & Co., .a corporation, as trustee for the Idaho Lumber Company, and the George A. Lowe Company and others. Decree for complainant, and defendant trustee appeals. N. G. Mickelson, the owner of. certain real estate in the district of Idaho, during the summer of 1910 caused a building to be erected thereon. Thereafter, on February 7th, March 71 h, March 10th, March 11th, and…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] A motion is made to dismiss the appeal on the ground that the appellant, Standrod & Co., waived its right of appeal by accepting and retaining $4,616.58, a portion of the proceeds of the sale, and upon the ground that, while a severance was granted by the lower court, the severance was not permissible, and that no citation on appeal was issued to Bowman, the trustee in bankruptcy of the estate of Mickelson.
We find no merit in the motion. The right of Standrod & Co., as trustee, to appeal on behalf of the lien claimants, is not affected by its having…
2Cases cited1 opinion
- Continental & Commercial Trust & Savings Bank v. Pacific Coast Pipe Co.Court of Appeals for the Ninth Circuit · 1915
3Cited by13 opinions
- Western Loan & Building Co. v. Gem State Lumber Co.Idaho Supreme Court · 1919
- Boise Payette Lumber Co. v. WeaverIdaho Supreme Court · 1925
- Platts v. Pacific First Federal Savings & Loan Ass'nIdaho Supreme Court · 1941
- Paramount Securities Co. v. DazeCalifornia Court of Appeal · 1933
- Bell v. HernandezSupreme Court of Kansas · 1934
8 more not listed; retrieve them via the Exa API.