Hewitt v. Great Western Beet Sugar Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit by Henry Hewitt, Jr., against the Great Western Beet Sugar Company and another. Decree for defendants, and plaintiff appeals.
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Appeal from the District Court of the United States for the Southern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit by Henry Hewitt, Jr., against the Great Western Beet Sugar Company and another. Decree for defendants, and plaintiff appeals. The appellant, in his bill in the court below, alleg-ed in substance that on January 30, 1907, the Great Western Beet Sugar Company, a corporation of Idaho, owning reservoirs and an irrigation system, mortgaged its property to the appellant to secure notes in the sum of ?80,000, and that on the same date the mortgage was duly recorded;…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The appellant contends that the decree rendered by the state court of Idaho upon his suit to foreclose his mortgage is void, for the reason that the trial court went outside the issues in the case and determined that the receiver’s certificates constituted a lien prior to that of the appellant. It does not appear in the present bill, which is brought to' set aside the decree of the state court and the proceedings had thereunder, that the certificate holders were not made parties to the suit in the state court. They were proper parties, and we may *397assume…
2Cases cited10 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- Preston v. KindrickSupreme Court of Virginia · 1897
- Shook v. ShookCourt of Appeals of Texas · 1912
- Williams v. CheathamSupreme Court of Georgia · 1896
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3Cited by5 opinions
- Cuff v. United StatesCourt of Appeals for the Ninth Circuit · 1933
- Potamitis v. Pittsburgh Plate Glass Co.Court of Appeals for the Eighth Circuit · 1936
- Rosenstone v. JohnstonSupreme Court of Florida · 1927
- Cole v. BlankenshipCourt of Appeals for the Fourth Circuit · 1929
- Suren v. Oceanic S. S. Co.Court of Appeals for the Ninth Circuit · 1936