Hanson v. Weniger
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Wm. W. Woods, Judge. Action for writ of mandamus. Judgment for plaintiff. Garnishee, not a party to the action, without issues, from a default judgment is without right of appeal. Only a party may appeal. (Rey. Codes, secs. 4310e, 4310i, 4310m, 4838, 4308-4310n; Stroup v. Sullivan, 2 Ga. 275, 46 Am. Dec. 389; Eagleson v. Rubin, 16 Ida. 92, 100 Pac. 765; In re Switzer, 119 Am.
Read the full summary
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Wm. W. Woods, Judge. Action for writ of mandamus. Judgment for plaintiff. Garnishee, not a party to the action, without issues, from a default judgment is without right of appeal. Only a party may appeal. (Rey. Codes, secs. 4310e, 4310i, 4310m, 4838, 4308-4310n; Stroup v. Sullivan, 2 Ga. 275, 46 Am. Dec. 389; Eagleson v. Rubin, 16 Ida. 92, 100 Pac. 765; In re Switzer, 119 Am. St. 751 (note), 2 R. C. L. 55; Hanna’s Syndics v. Lauring, 10 Mart. (O. S.) La. 568, 13 Am. Dee. 339.) The judgment in probate…
1Opinion of the CourtRice, J.
In this ease judgment was rendered by appellant as probate judge of Shoshone county, on the twenty-fifth day of January, 1917, against respondent as garnishee, in a certain action then pending in the probate court. On the following day the garnishee filed a notice of appeal to the district court of the first judicial district for Shoshone county; also an undertaking on appeal and an undertaking to stay proceedings pending said appeal. An execution was issued against the respondent and levied upon his bank account-. Upon filing the stay bond respondent requested appellant, as probate judge, to…
2Cases cited4 opinions
- Mills v. SmileyIdaho Supreme Court · 1903
- Washington County Abstract Co. v. StewartIdaho Supreme Court · 1903
- Burns v. PayneOregon Supreme Court · 1897
- Cook v. MillerIdaho Supreme Court · 1917
3Cited by3 opinions
- Dowd v. Estate of DowdIdaho Supreme Court · 1940
- Aker v. AkerIdaho Supreme Court · 1932
- Newman v. District Court of the Tenth Judicial District ex rel. County of Nez PerceIdaho Supreme Court · 1920