Maple v. Williams
Idaho Supreme Court
APPEAL from tlie District Court of tbe Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover damages and for injunctive relief. Appeal from an order quashing the summons. Motion to dismiss appeal on ground that order appealed from is not an appealable order. The order attempted to be appealed from is not, of itself, an appealable order and could become appealable only as a “special order made after final judgment.”
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APPEAL from tlie District Court of tbe Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover damages and for injunctive relief. Appeal from an order quashing the summons. Motion to dismiss appeal on ground that order appealed from is not an appealable order. The order attempted to be appealed from is not, of itself, an appealable order and could become appealable only as a “special order made after final judgment.” (Subd. 3, see, 4807. Rev. Stat.) The entries by the clerk in this ease could not be considered a final judgment, such as is contemplated in said…
1Opinion of the CourtSullivan, J.
This action was brought for an injunction ) restrain the defendant from evicting and ejecting the plain-ff from a certain leased farm, and from removing certain íattels and personal property thereform, and to recover the un of $3,000 damages occasioned by the alleged breach of the ivenants of the lease under which said farm and personal L’operty were held. Summons was issued and placed in the inds of a constable on March 5, 1908, and personally served i the 7th of that month. Thereafter a motion to quash said immons was made and filed on the 27th of said month, coun¡1 for the defendant…
2Cited by10 opinions
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- Weiser Irrigation District v. Middle Valley Irrigating Ditch Co.Idaho Supreme Court · 1916
- Richards v. RichardsIdaho Supreme Court · 1913
- Seamons v. SpackmanIdaho Supreme Court · 1959
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